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(영문) 의정부지방법원 2015.06.24 2014가합54660

구상금

Text

1. As to KRW 101,847,859 among the Plaintiff and KRW 79,235,199 among them, the Defendant shall from May 22, 2015 to June 24, 2015.

Reasons

1. Basic facts

A. On October 31, 2013, the Plaintiff contracted a “A-built construction project,” and subsequently, subcontracted the instant subcontract (hereinafter referred to as the “instant subcontract”) to the Defendant by setting the construction period from October 31, 2013 to September 26, 2014, the construction amount of which is KRW 242,00,000 (including value-added tax).

B. On November 1, 2013, the Plaintiff paid KRW 15,000,000 to the bank account under the Defendant’s name; and KRW 27,500,000 to the bank account under the Defendant’s subordinate business operator’s name on November 19, 201, upon the Defendant’s request, paid the advance payment of KRW 42,50,000 to the Defendant.

C. On April 22, 2014, the Defendant requested the Plaintiff to waive construction works as of April 21, 2014, and the Plaintiff notified the Defendant that the instant subcontract will be terminated on the same day.

After that, on May 8, 2014, the Plaintiff received a written request from the Plaintiff for the waiver of construction works on several occasions on April 21, 2014, and then notified the Defendant of the details of the other installment settlement by April 21, 2014, as the Plaintiff did not answer any question, until April 21, 2014. The Plaintiff clearly made it clear that the obligation for the payment of all wages, equipment, and expenses by April 21, 2014 exists. Following the waiver of construction works, all of the human resources and materials invested by the Company shall be immediately terminated at the site, and all of the accidents and expenses incurred by the Company’s failure to accept, must be held liable by the Company. The remainder to be returned to the Company after offsetting the progress payment of the Company and the advance payment of KRW 10,118,370, and KRW 300,000, KRW 3080, KRW 400, KRW 205, KRW 1084,2015.

With respect to construction works executed by the Defendant by April 21, 2014, the Plaintiff on January 13, 2014 from the Defendant.