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(영문) 의정부지방법원 2016.07.15 2015가합50313

구상금

Text

1. As to KRW 729,290,138 and KRW 66,035,174 among the Plaintiff, the Defendant shall pay to the Plaintiff KRW 22,00,000.

Reasons

1. Facts of recognition;

A. The Plaintiff is an executor of the extension work, such as the by-products treatment plant, etc. located A (hereinafter “instant construction work”) in Ansan-si, and the Defendant is a contractor who has contracted the instant construction work from the Plaintiff.

B. On July 25, 2013, the Plaintiff entered into a contract for construction works of this case with the Defendant, and determined the contract period from July 30, 2013 to March 15, 2014 as totaling KRW 5.423 billion (=value 493 billion value-added tax of KRW 493 billion).

C. The Defendant subcontracted the instant construction work to each of the companies listed in paragraphs 1 through 23 of the attached list list and E&A and E&A. The Defendant received equipment, human resources, etc. from each of the companies listed in paragraphs 1 through 12 of the attached list at the bottom of the attached list (hereinafter referred to as “relevant sewage supplier, etc.” together with each of the companies listed in paragraphs 1 through 23 of the attached list).

On March 11, 2014, the Defendant requested the Plaintiff to extend the construction period by May 31, 2014, and the Plaintiff consented.

E. Around January 24, 2014, the Plaintiff paid KRW 300 million to the Defendant as advance payment, and paid KRW 3,288,381,81,819 as to the instant construction work until May 20, 2014 to the Defendant and other direct and several employees as the construction cost. On June 16, 2014, the Plaintiff paid KRW 47,475,455 as to the instant construction work, and paid KRW 3,36,127,274 as the construction price.

F. As the Defendant’s financial aggravation makes it difficult to proceed with construction work due to the aggravation of the Defendant’s financial condition, the meeting of the countermeasures was held on June 2, 2014 by the Plaintiff’s employees, the Defendant’s representative, and B representative C, etc., who

At the above meeting, the defendant proposed that "the expenses already invested shall be borne by the defendant, the remaining losses shall be borne by the plaintiff, and the defendant shall remove the losses from the execution of the construction cost," but at the end of the discussion, the construction is in progress.