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(영문) 의정부지방법원 2016.02.03 2014가단115698

공사대금

Text

1. The Defendant’s KRW 11,408,300 for the Plaintiff and 5% per annum from May 1, 201 to February 3, 2016.

Reasons

1. Basic facts

A. On September 13, 2010, the Plaintiff bid for the extension and renovation of the Samchidung Rehabilitation Hospital. The Plaintiff was selected as a successful bidder for the said construction project.

B. On September 14, 2010, the Plaintiff received a contract from the Defendant for the extension and renovation and repair of the Sejong-si Rehabilitation Hospital (hereinafter “instant construction”) by setting the construction cost of KRW 468,094,80 (including value-added tax) and the construction period from September 18, 2010 to November 1, 2010.

C. On November 18, 2010, the Plaintiff and the Defendant agreed on the instant construction as the Plaintiff’s construction license lost.

On December 16, 2010, the Defendant sent to the Plaintiff a notice of the result of settlement under Section B of the Extension and Improvement and Repair of a Rehabilitation Hospital to the effect that the instant construction was terminated due to the Plaintiff’s cause attributable to the Plaintiff, and that the settlement price shall be paid in cash within six weeks after November 18, 2010, the date of agreement for termination of the contract, from November 18, 2010.

E. Around January 19, 2011, the Plaintiff sent a written claim to the Defendant to the effect that the Plaintiff would pay 288,695,000 won to the Defendant by mail.

F. On March 14, 2011, the Plaintiff sent to the Defendant a written claim for the final settlement of accounts for the extension of the training hospital and the total amount of KRW 195,800,000,000 to the subcontractor for the extension of the training hospital.

G. On March 22, 2011, the Defendant agreed on the completion settlement agreement to the Plaintiff, and agreed on the approval of direct payment for the protection of the subcontractor, and submitted a tax invoice and a copy of the account for each subcontractor’s claims to the Plaintiff according to the acceptance of demand for direct payment of office by the subcontractor (UFC Co., Ltd. and 11 companies) and submitted to the Plaintiff a letter that the Plaintiff would not raise any civil or criminal objection against the direct payment, and the payment of the construction cost is expected to be made according to the hospital’s financing plan.