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(영문) 대구지방법원 2014.10.08 2013가합8483

건설자재임대료 등

Text

1. The plaintiff's main claim is dismissed.

2. The counterclaim Defendant (Counterclaim Plaintiff) is entitled to KRW 65,962,343 and the counterclaim.

Reasons

1. Basic facts

A. On August 17, 2012, the Defendant concluded a subcontract with regard to reinforced concrete construction (hereinafter “instant construction”) among the said construction works, setting the construction period as KRW 984,500,000 between August 17, 2012 and October 5, 2013. On March 18, 2013, the Defendant entered into a subcontract agreement to change the contract amount to KRW 1,123,804,000.

B. On August 30, 2012, the counterclaim Defendant entered into an agreement with the Defendant to participate in construction works (hereinafter “instant agreement”) with respect to the instant construction works under the following terms (only the main content).

A contractor: Defendant’s execution participant: a counterclaim Defendant

4. Period: Contract amount from August 17, 2012 to October 5, 2013: KRW 1,030,000 (excluding value-added tax).

6. Payment of price: 100% of the cash on the 25th day following the end of each month.

8.The payment of all personnel expenses, food costs, equipment, materials, hardware, etc. covered by the special agreement shall be directly treated by the defendant and shall be deducted from the payment for completed portion by the counter-party defendant.

When the contract is not performed or when the contract is abandoned due to internal problems, the contract price shall be paid in preference to the defendant with the contract bond, security bond, etc.

C. On October 10, 2012, the counterclaim Defendant entered into an agreement with the Defendant on the following contents (only the main contents) regarding the instant construction project:

In accordance with the above agreement, Sam Young Construction paid KRW 165,00,000 (including value-added tax of KRW 15,000,000) to the Plaintiff around that time.

1) The advance payment of 150,000,000 won is received as the plaintiff. 2) The advance payment received will be used for the smooth supply of the materials at the site, and 3) will be subject to the condition that the cost for the materials will be deducted and the cost for the personnel expenses and the cost for the materials will be paid until the advance payment is finalized at the time of the request for origin. 4) In the instant agreement, on the part of the present agreement, on-site materials will be secured by the defendant.