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(영문) 인천지방법원부천지원 2016.06.24 2015가합1443

공사대금

Text

1. The Defendant’s KRW 309,307,783 as well as 5% per annum from May 1, 2015 to June 24, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. A. Around July 2014, the Plaintiff and the Defendant entered into a subcontract for construction of B factories, etc., the Defendant contracted from B to the contract amount of KRW 520 million for the construction of a factory located in Kimpo-si, Kimpo-si. On July 11, 2014, the Plaintiff entered into a subcontract with the Plaintiff by setting the contract amount of KRW 88 million for the construction of a steel-frame and dyke (hereinafter “B steel-frame and dyke”) and the construction period from July 12, 2014 to July 27, 2014.

B. Around July 2014, the Plaintiff and the Defendant entered into a subcontract for the new construction of a D factory, etc., the Defendant contracted from D to the amount of KRW 820 million for the construction of a factory located in Incheon Seo-gu, Incheon. On July 22, 2014, the Plaintiff and the Plaintiff entered into a subcontract with the Plaintiff by setting the contract amount of KRW 30 million for the said new construction of a factory (hereinafter referred to as “D steel frame and scke”) from July 23, 2014 to September 30, 2014.

(D) Although the construction site and contract amount are different from those of the construction site and the contract amount, the Plaintiff and the Defendant seem to have written a contract for the two above subcontracted works, the steel frame and the following (c) are different from the construction site and contract amount.

On July 16, 2014, the Plaintiff and the Defendant, including the conclusion of the subcontract for the construction of new factories, concluded a subcontract for the construction of new factories with the amount of KRW 2.33 billion in the contract amount, from the Nam-dong Incheon, Nam-gu, Incheon, and the construction period from July 21, 2014 to December 10, 2014. On July 22, 2014, the Plaintiff and the Defendant concluded a subcontract for the construction of new factories (hereinafter referred to as the “this case steel and eck construction”) among the aforementioned new factories construction works, by fixing the contract amount of KRW 850 million in terms of the contract amount, the construction period from July 23, 2014 to September 30, 2014 as follows: < Amended by Presidential Decree No. 25447, Jul. 23, 2014>

Article 10 (Safety Management) of the Construction Contract Terms and Conditions shall apply to the Plaintiff.