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(영문) 대전지방법원서산지원 2019.05.02 2018가합50415
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 191,597,00 won and 6% per annum from December 6, 2018 to May 2, 2019.

Reasons

1. Basic facts

A. On January 25, 2017, the Plaintiff entered into a contract for a prime contract between the Plaintiff and the Daejeon Local Government Procurement Service (hereinafter “the first contract between the Plaintiff and the Daejeon Local Government Procurement Service”) with the Daejeon Local Government Procurement Service (Demand Agency: Chungcheongnam-do Water Supply Service Center) for local waterworks installation works (hereinafter “the first contract between the Plaintiff and the Daejeon Local Government Procurement Service”).

As to the contract amount of KRW 708,155,00 (the total amount of the construction work plus KRW 4,307,425,00) and the date of completion on September 27, 2017 (the total date of completion on January 30, 2020), the contract was concluded (hereinafter “the instant primary contract”).

(2) The Plaintiff and Daejeon Local Government Procurement Service concluded a contract that deducts insurance premiums and other expenses from the original contract price of this case and changes the contract amount to KRW 689,546,00 (the total amount of construction work) and the date of completion on October 21, 2017 (the same date as the total completion date).

3) On May 18, 2017, the Plaintiff is the D local waterworks installation works (the second main contract works; hereinafter “the second main contract works”) between Daejeon Local Government Procurement Service and Daejeon Local Government Procurement Service on May 18, 2017. In addition, the construction works of the first and second main contract of this case are “the instant main contract construction works”.

As to the contract amount of KRW 492,070,00 (the total amount of construction work plus KRW 4,307,425,00) and the date of completion ( February 26, 2020 on the date of completion), the contract was concluded on January 16, 2018 (hereinafter “the secondary contract”).

B) On March 2017, the Plaintiff entered into a subcontract contract between the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) with respect to the drainage pipe, pressure pipe, and water supply pipe construction in the instant prime contract, and entered into a contract between the Plaintiff and the Defendant B Co., Ltd. (hereinafter “Defendant Company”), setting the contract amount of KRW 830,000,000 (excluding value-added tax) and the date of completion as of January 30, 2020 (hereinafter “the instant integrated subcontract agreement”); and the Defendant C signed the said contract as a guarantor on the construction agreement attached to the said contract.

The above construction agreement shall be accompanied by the terms and conditions of the construction agreement and special matters.

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