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(영문) 춘천지방법원원주지원 2017.08.31 2017가합5101
공사대금
Text

1. The defendant shall pay to the plaintiff KRW 329,571,505 as well as KRW 296,838,00 among them, from April 8, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On April 7, 2014, the Plaintiff entered into a contract with the head of the Hongcheon National Land Management Office (hereinafter referred to as the “head of the Hongcheon National Land Management Office”) of the Ministry of Land, Infrastructure and Transport under the Defendant as to the construction cost of 2,251,778,580 won in the construction cost as to the construction cost of 31-A-A-A-Class National Highway risk (hereinafter referred to as “instant construction”) and the construction period from April 10, 2014 to February 3, 2015, respectively.

B. Preparation of a subcontract agreement and a direct payment agreement for subcontract consideration 1) Land Development Co., Ltd. (hereinafter “soil development”).

On August 26, 2014 between the Plaintiff and the subcontractor, a subcontract agreement and a direct payment agreement on subcontract consideration, respectively, which set forth the contract price of KRW 1,015,174,000 with respect to sub-construction among the instant construction works. 2) Tae Hong Construction Co., Ltd. (hereinafter “Tai Construction”) and the Plaintiff on August 26, 2014 between the Plaintiff and the Plaintiff, respectively, signed a subcontract agreement and a direct payment agreement on subcontract consideration, which set the contract price of reinforced concrete construction among the instant construction works as KRW 230,304,00.

C. On December 2014, Earth Development and Thai Construction’s provisional attachment 1) Earth Development received a provisional attachment order against the Plaintiff’s claim of KRW 421,505,500, out of the Plaintiff’s claim for construction price against the Defendant, and served on the Defendant on December 26, 2014. (2) Thai Construction, upon receipt of a provisional attachment order against the Plaintiff’s claim of KRW 27,406,50, out of the Plaintiff’s claim for construction price against the Defendant, was served on the Defendant on January 20, 2015.

The Plaintiff’s claim for the construction cost and the Defendant’s payment reservation and execution deposit 1) around December 2014, the Plaintiff completed the instant construction work and claimed KRW 745,750,000 for the three-time payment corresponding to the remainder of the construction cost. 2) The Defendant reserved the payment of KRW 745,750,000 for the reason that there is a dispute between the Plaintiff and the soil development and Thai Construction on December 31, 2015, and the corresponding amount is other than revenue and expenditure.

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