(영문) 서울남부지방법원 2014.01.16 2012가합8995



1. The Plaintiff (Counterclaim Defendant) paid KRW 91,544,521 to the Defendant (Counterclaim Plaintiff) and its related amount from June 26, 2012 to January 16, 2014.


1. Facts of recognition;

A. The non-party SK Construction Co., Ltd. (hereinafter “SK Construction”) awarded a contract to the Defendant for the construction of transmission network and the installation/testing of equipment (8-1 tools) among the construction of the national defense broadband integrated network, and the Defendant again awarded a subcontract to the Plaintiff for the construction part of the 6th group of the above construction (hereinafter “instant construction”) and the construction part of the 28 group of companies to the non-party 28 group of companies (hereinafter “the instant construction”) respectively to the same Damphel.

The main contents of the subcontract agreement entered into between the Plaintiff and the Defendant (hereinafter referred to as the “instant contract”) shall be a subcontract for construction works.

2. Construction name: Establishment of a transmission network for construction of a national defense broadband integrated network, and installation/testing of equipment (six military units);

3. Order place: SK Construction Company;

5. Construction period: 2,311,540,000 won (value of supply, 2,101,400,000 won, value-added tax 210,140,000 won, value-added tax, 210,140,000 won on September 21, 2009, and September 20, 2010.

7. Conditions for the payment of the price: The payment of the price shall be made once a month, and the payment shall be made in accordance with the payment standards for the ordering agency under Article 4 (Contractor) (2) "B" (the plaintiff refers to the plaintiff; hereinafter the same shall apply) shall obtain the approval of "A" (the defendant refers to the defendant; hereinafter the same shall apply) without delay after concluding the contract.

(3) Unless specified in the design documents, the term "B" shall, within the scope of the contract, perform minor changes in the construction work or minor construction works necessary for structural stability.

Article 14 (Supplementary Works) (1) “A” may request the correction of any portion not suitable for design documents during the construction performed by “B”, and “B” shall comply with such request without delay.

In such cases, "B" shall not request the increase of contract price or the extension of air.

(2) In cases falling under paragraph (1), the inappropriate execution shall be made at the request of, or by, “A” or by other “B”.