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(영문) 대전지방법원공주지원 2019.05.22 2016가합20011

양수금

Text

1. The Defendant’s KRW 154,795,385 as well as the Plaintiff’s annual rate from January 26, 2016 to May 22, 2019.

Reasons

1. Basic facts

A. On March 21, 2014, the Defendant entered into a contract between C and the project owner C for the construction of the E Complex Facilities (hereinafter “instant construction”) on the land outside Sejong-si and two parcels (hereinafter “instant construction”) between C and C, with the construction owner C, to receive a contract for the construction cost of KRW 11,80,000,000 (value-added tax separate).

Since August 14, 2014, the Defendant and C concluded a contract to partially reduce the construction cost of KRW 11,500,000 (excluding value-added tax) by 11,50,000 (excluding value-added tax).

(hereinafter referred to as “instant contract,” in total, of the above contracts with respect to the instant construction work

A subcontract between the Defendant and F (hereinafter “F”) on October 1, 2014, the Defendant entered into a subcontract between F and F (hereinafter “instant subcontract”). A subcontract between F and F on the condition that construction cost of reinforced concrete construction work during the instant construction work is subcontracted to F at KRW 1,760,00,000 (excluding value-added tax) (hereinafter “instant subcontract”).

(2) The terms of the instant subcontract agreement are as follows.

1.This Agreement shall prevail over the provisions of the Special Agreement.

2. In principle, the payment method of the construction amount shall be made in cash or substitute within two months after no contract deposit is made, and the proceeds from the purchase of steel from steel materials are paid with the proceeds from the purchase of steel (Won 200,000,000), and the approval for use shall be paid in cash or substitute;

1) The method of calculating the subject matter of a project shall be the aggregate of the following A, B, and C:

b. Incidental expenses to the project owner (design expenses, authorization and permission expenses, expenses, etc.);

c. The method of calculating the value of each floor of the subject matter of construction project, with the appraised value of land (permitted area): 50/100, the second floor: 30/100, the third floor: 25/100, the underground floor: 12/100; and

3.For any reason, suspension of a project shall be adjusted to 70 per cent of the amount of the input completed when the project is terminated.

4. Additional taxes shall be refunded after being selected.

5. The outer two lines shall be removed after the completion of the outer works; and

6.Annexed.