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(영문) 서울남부지방법원 2015.01.15 2014가합3758

하도급대금

Text

1. Defendant A Co., Ltd.:

(a) KRW 749,600,000 and its corresponding amount shall be from November 1, 201 to the day of complete payment.

Reasons

Basic Facts

Around December 2009, Defendant Woos Korea Co., Ltd. (hereinafter “Defendant Woos Korea”) concluded a contract with the Non-Party A Co., Ltd. (hereinafter “Non-Party A”) with the construction cost of KRW 35 billion (hereinafter “instant construction”) from December 30, 2009 to October 30, 2012 by setting the construction cost of the Non-Party B’s ground medical facility construction work period of KRW 35 billion and the construction period of KRW 35 billion from December 30, 2009 to October 30, 2012. After that, at the time of the said construction work, the said construction was changed from the non-party A to the Defendant A Co., Ltd.

[Defendant Calend Korea only awarded a contract for the instant construction to the non-party company, and there is no contract between Defendant C, Defendant Calendus Korea, Defendant A, and the non-party company, Article 1 of the Settlement Agreement (Evidence B (Evidence B(4)) provides that “each construction contract entered into between Defendant Calendus Korea and the non-party company, between Defendant Calendus Korea and the non-party company, and between Defendant C”. On April 13, 2011, the Plaintiff received a subcontract for the part of the instant construction of reinforced concrete among the instant construction works from Defendant A.

[Construction Costs of 5,07,600,00 won (including value-added tax); the construction period from April 13, 201 to August 31, 2012; the supply by Defendant A of steel-frames among materials; and the payment of the base price shall be determined to be paid at the end of the next month by submitting a straw document on the 25th day of each month; and the relevant base price shall be determined to be paid at the end of the next month). The Plaintiff, while performing the said construction of reinforced concrete, suspended construction on September 23, 201 on the wind that did not dismantle the beamline used for civil engineering works prior to Defendant A’s side; and recovered at the construction site on October 30, 2011.

The term cost of reinforced concrete construction executed by the Plaintiff until the discontinuance of construction is KRW 891,00,00. Defendant A pays only KRW 141,400,000,000 to the Plaintiff as construction cost on September 201, 201 and KRW 141,40,000 on May 5, 2012, and the remaining term price for Defendant A is KRW 749,60,000.

The plaintiff's damages due to the reasons attributable to the defendant A and the plaintiff's appeal against the defendant A.