하도급대금
1. The Defendant’s KRW 27,700,000 as well as 20% per annum from July 27, 2015 to September 30, 2015 to the Plaintiff.
1. Facts of recognition;
A. A contract for construction works and a contract for the alteration thereof; 1) Joint Construction Company in the Yellow Sea (hereinafter “Joint Construction Company in the Yellow Sea”).
B B between June 10, 2014 and A, and between A and A (hereinafter “instant new construction”).
) A contract for construction works was entered into between the contract amount of KRW 1,343,00,000 (excluding value-added tax) and the construction period from June 25, 2014 to October 20, 2014 (hereinafter “instant contract”).
(2) On December 31, 2014, the Western General Construction entered into a contract with A to increase the contract amount of KRW 1,537,800,000 (including value-added tax) among the terms of the instant contract and to extend the construction period by January 31, 2015.
B. On July 22, 2014, the Plaintiff entered into a construction subcontract agreement with the Seohae General Construction Division, stipulating that the steel frame construction among the instant new construction works contracted by the Seohae General Construction Company A (hereinafter “instant steel frame construction”) will be awarded a subcontract for construction with the contract amount of KRW 230,000,000 (excluding value-added tax) and the construction period from July 23, 2014 to August 30, 2014.
(hereinafter referred to as “instant subcontract”). (c)
1) Upon completion of the instant steel framed construction and payment of a part of the construction cost, the Plaintiff continued construction under the instant subcontract and completed the instant steel framed construction on or around September 30, 2014. (2) On July 30, 2014, the Plaintiff was paid a down payment (including value-added tax) KRW 25,300,000 for the remainder of the construction cost under the instant subcontract from the Seohae General Construction on or around July 30, 2014. (3) The Plaintiff was not paid the remainder of construction cost of KRW 227,70,000 (= contract price of KRW 253,00,000 (including value-added tax) - KRW 25,300,000).
On January 14, 2015, the Plaintiff, the Defendant, and the Yellow Sea Construction Co., Ltd., shall first pay the construction cost for the instant new construction to the Plaintiff before the Defendant first pays the construction cost for the instant new construction to the Yellow Sea Construction.