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(영문) 서울중앙지방법원 2015.07.24 2015가합510011

공사대금

Text

1. The Defendant shall pay 293,710,000 won to the Plaintiff and 20% per annum from February 17, 2015 to the day of complete payment.

Reasons

1. Circumstances leading to the dispute of this case;

A. On April 3, 2014, the Defendant ordered the 1,384,90,000 construction cost for ground-based landscaping construction works among the construction works for building C buildings on the ground, such as Suwon-gu, Suwon-si, Suwon-si, and the 1,032,90,000 won for construction cost on May 19, 2014 (the 4,500 won increased later), the 1,032,90,000 won for construction cost (the 1,457,760,000 won for construction cost) on May 19, 2014, the 1,09,890,890,000 won for construction cost (7,8 stories) on May 19, 2014.

(hereinafter “each of the instant construction works”). (b)

On June 20, 2014, the fire fighting boat subcontracted the construction of the facilities during each of the instant construction works to the Plaintiff by setting the construction period from June 20, 2014 to July 10, 2014; the contract price of KRW 302,50,000.

(hereinafter “instant subcontract.” On July 11, 2014, the Plaintiff and the Creshman entered into a modified contract with the content that the contract amount shall be KRW 571,780,000 (hereinafter “instant modified contract”) as of August 5, 2014, changing the completion date of construction under the instant subcontract to KRW 571,780,00 (hereinafter “instant modified contract”).

C. On July 12, 2014, the Plaintiff entered into a direct payment agreement with the Defendant and the C&C, and the Plaintiff, as follows:

(hereinafter “The instant direct payment agreement.” The instant direct payment agreement is written by the Defendant as the contractor, and the C-building Construction is written as the subcontractor. From the perspective of the implementer of the C-building construction, the Defendant’s construction is the contractor, and the C-building Construction constitutes the subcontractor. However, as Article 2(10) of the Fair Transactions in Subcontracting Act provides that “in the case of a re-subcontract, the ordering person refers to the principal contractor,” the ordering person shall be the principal contractor, and accordingly, in the instant case, the Defendant shall be deemed the principal contractor, and the Plaintiff shall be deemed the principal contractor).

1. Project name: Construction of a new building C;

2. Title of subcontracted construction works: Landscape construction works;

3. Contract amount: 571,780,000 won (including value-added tax);

4. Contractor: Defendant;

5. Subcontractors: with respect to the above subcontracted projects by the Crewinger.