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(영문) 창원지방법원 2016.09.08 2014가합31103

공사대금

Text

1. The Defendant’s KRW 32,952,810 as well as 5% per annum from April 5, 2014 to September 8, 2016 to the Plaintiff.

Reasons

On the premise that the Defendant entered into the instant subcontracted project, on June 17, 2009, was awarded a contract for sale and construction of sports facilities (hereinafter “instant subcontracted project”) from New Co., Ltd. (hereinafter “New Co., Ltd”).

On January 19, 2010, the Plaintiff was awarded a subcontract for the instant subcontracted project by the Defendant (hereinafter “the instant subcontracted project”).

(2) From January 20, 2010 to April 20, 2010, the contract amount: 193,000,000 won (including value-added tax) equal to 693,00,000 won (including value-added tax) equal to 1 P.C. 220,000 steel tower works in the part of 270,000,000 for 220,000 steel tower works in the part of 270,000,0034, and 50,000,000 for 4,000 golf net works for 4,00,000 golf automatic machine works, and 8,00,000,000 won for 5,000 golf automatic machine works, and 630,000,0000,000 won for 630,0000,300,000 of the subcontracted works in the case where the Plaintiff had not completed the subcontracted works.

On the other hand, New Co., Ltd. notified the Defendant of the termination of the contract for the instant construction project on August 9, 2010, and contracted the remainder of the instant construction project to B Company on September 17, 2010, and obtained approval for use on April 8, 201.

On April 27, 2011, the Plaintiff filed a claim against the Defendant for payment of the remainder of the subcontracted work in this case. On November 7, 2011, the Plaintiff filed an application for payment order with the Changwon District Court Decision 201Da3066, Changwon, Kim Jong-si, Seoul High Court (2011. Nov. 7, 201.

On December 9, 2011, the Plaintiff received KRW 40 million from the Defendant, and the remainder is paid upon the completion of the first instance trial lawsuit between the Defendant and the New Co-Defendant (hereinafter “the separate lawsuit”).