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(영문) 수원지방법원 2016.09.21 2015가단46917

구상금

Text

1. As to the Plaintiffs’ respective KRW 73,180,00, and KRW 48,180,00 among them, Defendant A Co., Ltd. from December 30, 2014.

Reasons

1. Facts of recognition;

A. On May 19, 2014, the Plaintiffs contracted the construction of reinforced concrete to Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) among the new construction works of the 8th underground floor F on the ground of Kimpo-si, Kimpo-si, E, and the 8th underground floor F, respectively.

(hereinafter referred to as the “instant construction contract” is included in the construction contract that the Plaintiffs concluded with the Defendant company individually.

According to the instant construction contract, each of the plaintiffs settled the amount of construction cost of KRW 863.5 million (excluding value-added tax), from May 10, 2014 to October 30, 2014; advance payment of KRW 23,9250,000; contract deposit of KRW 7,97550,000; advance payment of KRW 7,000 for each of the plaintiffs; and advance payment of KRW 863,50,000 for each of the completed parts x (amount equivalent to the price of the completed portion / the contract amount).

C. On May 19, 2014, the Plaintiffs began to pay advance payment of KRW 230,9250,000,000,000 to September of the same year, after deducting advance payment that was settled in the above manner, and paid to the Defendant Company each of the aforementioned advance payment. Each of the progress payment for October 2014, KRW 160,651,908 paid each of the advance payment for ten years, without deducting advance payment, and paid the full amount of the advance payment for ten months to the employees of the Defendant Company directly.

Accordingly, the remaining advance payments received by Defendant Company are KRW 12,7930,000 for each of the plaintiffs.

The defendant company did not complete construction even after the deadline for completion of construction, but did not properly perform construction works, such as delayed payment of wages and subcontract consideration.

Accordingly, on December 1, 2014 and December 4, 2014, the Plaintiffs requested the Defendant Company to promptly arrange the delayed payment and to normalize the construction by sending each content-certified mail to the Defendant Company, but the Defendant Company failed to take any particular measures.

Ultimately, on December 30, 2014, the Plaintiffs notified the Defendant Company of the termination of the instant construction contract by means of content-certified mail.

E. The Plaintiffs were not paid by G, the subcontractor of the Defendant Company.