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(영문) 창원지방법원진주지원 2016.09.13 2014가단10928

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 25,199,093 to the Defendant (Counterclaim Plaintiff) and its amount from September 19, 2015 to September 13, 2016.

Reasons

1. Basic facts

A. The Defendant received support for the agricultural product processing industry promotion project implemented by the Hadong-gun, to construct an agricultural product processing plant (hereinafter “instant building”) on the ground of the Hadong-gun C, Hanam-gun, and concluded a contract on the instant construction project with the Plaintiff around April 2012.

B. However, in order for the Defendant to receive support for the foregoing project from the Hadong-gun, the constructor should have a construction license to perform the instant construction project. On June 25, 2012, the Plaintiff did not satisfy the above conditions, and the Defendant, on June 25, 2012, made a contract for the instant construction project with the Cheongjin Construction Co., Ltd. (hereinafter “Cheongjin Construction”) and entered into a contract with the Cheongjin Construction Co., Ltd. (hereinafter “instant construction contract”). On June 26, 2012, the Cheongjin Construction Co., Ltd. again subcontracted to the Plaintiff (hereinafter “instant construction contract”). Article 3 [subcontract amount] calculates the subcontract amount as total KRW 230,00,000 (including surtax) and pays in cash according to the rate of the progress of the construction project.

Article 4 [Construction Period]

1. The Plaintiff must perform the construction works under this Agreement from June 26, 2012 to September 30, 2012.

2. Where the period referred to in paragraph 1 has been postponed due to unavoidable reasons, it shall not exceed the date of the original contract, and the plaintiff shall compensate for all the damages incurred by the Cheongjin Construction.

(c) Where the period in the main sentence is not in excess of the fixed date in question due to the reason for the postponement which occurred in the process of the main contract, this shall not apply.

The above contract for construction includes the following contents:

C. On the other hand, on September 3, 2012, the Plaintiff drafted an agreement with the Defendant on the following matters in relation to the occurrence of defects in connection with the instant construction project, and the need for additional construction arises.

1. The horizontal work shall be resumed after installing the second floor sewage conditioning at a smuggling processing factory;

2. The sloping beam of the second floor of the rooftop and the second floor of the lodging room shall be recorded;