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(영문) 창원지방법원통영지원 2015.07.21 2014가단9099

공사대금

Text

1. The Defendant’s KRW 36,071,149 as well as the Plaintiff’s annual rate of 6% from May 8, 2014 to July 21, 2015, and the following.

Reasons

1. Facts of recognition;

A. On January 10, 2014, the Defendant: (a) subcontracted the instant construction work to the Plaintiff for machinery and equipment works and machinery and machinery and fire-fighting works (hereinafter “instant construction works”; and (b) further subcontracted the instant construction work to the Plaintiff at KRW 300 million (excluding value-added tax) for construction cost (hereinafter “instant construction works”); (c) provided the Plaintiff with labor for the instant construction works, and the Defendant agreed to supply the said materials.

(hereinafter “instant subcontract”). (b)

Since January 2014, the Plaintiff provided labor under the instant subcontract, and was not paid the construction cost by the Defendant. On March 12, 2014, the Plaintiff expressed his intent to suspend construction works and terminate the said contract. The Plaintiff and the Defendant around that time provided labor for the instant construction only until March 31, 2014, and agreed on the instant subcontract.

C. Meanwhile, the part of the labor cost of the instant subcontract under the contract entered into with the Defendant for new construction was KRW 207,382,128 (which was not included in the instant subcontract) and the part of the labor cost of the instant fire-fighting construction was KRW 119,227,160 (which was not included in the instant subcontract) and the total amount was KRW 326,609,288. The construction cost of the instant subcontract entered into with the Defendant was KRW 300,000 (which was KRW 91.85% of the construction cost of the instant subcontract) and the Defendant agreed to pay the Plaintiff the construction cost under the instant subcontract at a fixed rate within seven days from the date of receiving the construction cost from the original contractor once a month.

(Article 5(b) of the present subcontract.