공사대금 등
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. 1) On December 26, 201, a joint supply and demand organization (the representative of a joint supply and demand organization) composed of the Defendant and the construction company for tugboat construction (the Defendant) is a construction project for the improvement of subway 23-line shifts between the Seoul Matro and the Seoul Matro (hereinafter “instant prime contract”).
As to the contract amount of KRW 11,901,973,50, and the construction period from January 6, 2012 to January 4, 2015 (hereinafter “instant contract”).
(2) On September 12, 2012, the Defendant concluded a subcontract between the Plaintiff and the Plaintiff on the terms of contract amounting to KRW 961,100,00 (excluding value-added tax) and the construction period from September 13, 2012 to December 31, 2012 with respect to the soil and structures works (hereinafter “instant subcontracted works”) among the prime contractor works in the instant case, and thereafter, the Plaintiff and the Defendant changed the construction period from September 13, 2012 to December 31, 2013.
(hereinafter “instant subcontract”). The main contents of the instant subcontract are as follows.
Article 14 (Change or Suspension of Construction Work) (1) A (referring to the defendant) shall deliver in advance a modified contract, etc. (referring to the plaintiff) where the contents of construction work are modified or added at the request of the project owner or his design change, etc. or where the temporary suspension of the whole or part of construction work is made.
(2) With respect to the volume of construction works additionally constructed by B under the direction of A, A shall not have increased from the project owner.
Even if it is paid to B, it shall be increased.
Article 20 (Payment of Price) (1) A shall pay the price to B by the due date set within 60 days from the date of acquisition of the object.
(2) A shall pay the subcontract price if he/she receives the completion money from the ordering person, and the amount equivalent to the portion executed by B if he/she receives the progress payment, to B within 15 days (where the date of price payment comes before it, the due date) from the date of such receipt.
Article 25 (Cancellation of Contracts)