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(영문) 광주지방법원 2016.12.14 2016가단503362

공사대금

Text

1. Defendant Sangdo Construction Co., Ltd. shall pay to the Plaintiff KRW 36,619,157 and its full payment from March 10, 2016.

Reasons

1. Facts of recognition;

A. On December 31, 2014, Defendant Jeonnam-do awarded a contract for the new construction work of the White School at KRW 8,695,639,000 for the construction cost to Defendant Hodo Comprehensive Construction Co., Ltd. (hereinafter “Defendant Hodo Comprehensive Construction”).

(hereinafter “instant contract”). (b)

On July 21, 2015, Defendant Sangdo Construction was subcontracted to the Plaintiff with the period from July 21, 2015 to January 5, 2016, after setting the construction cost of KRW 546,513,00 (including value-added tax) and the construction period from July 21, 2015 to January 5, 2016.

C. On August 18, 2015, the Plaintiff and the Defendants agreed to pay the subcontract price directly to the Plaintiff by Defendant Jeonnam-do to the Plaintiff.

(hereinafter “instant direct payment agreement”) D.

The Plaintiff was directly paid KRW 49,535,510 in total as labor cost for November and December 2015 from Defendant Jeonnam-do.

E. Around December 10, 2015, the Plaintiff suspended the construction work, and Defendant Jeonnam-do notified the Plaintiff, etc. of the termination of the instant contract on the following grounds: (a) around January 12, 2016, Defendant Jeonnam-do discontinued Construction and the Plaintiff, etc. of the termination of the instant contract.

F. Defendant Jeonnam-do settled the amount of other settlement following the termination of the instant contract at KRW 3,560,241,000, calculated by 40.94% and calculated by 3,560,241,000. Of them, the amount of other settlement of installation works executed by the Plaintiff is KRW 68,031,449.

G. Around January 2015, Defendant Jeonnam-do paid KRW 1,556,330,000 as advance payment to Defendant Jeonnam-do Comprehensive Construction. Of these, the amount adjusted at the time of other accounts was KRW 343,541,50, and the amount paid KRW 3,214,509,860 as advance payment to the subcontractor, including the Plaintiff, during the construction process.

H. Defendant Jeonnam-do deducted the amount of KRW 3,560,241,00 from the amount of other settlement of accounts under the instant contract on August 17, 2016 (3,560,241,000, the amount of KRW 3,558,051,360 (the amount of advance settlement of KRW 343,541,50,50, the amount of advance settlement of KRW 3,214,509,860).