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(영문) 전주지방법원정읍지원 2015.06.23 2014가단5218
공사대금
Text

1. The defendant shall pay 28,800,000 won to the plaintiff and 20% per annum from September 6, 2014 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On December 27, 2012, the Defendant was awarded a contract for civil engineering works for the 1,021,076,000 won with the Korea Rural Community Corporation's branch offices, which entered into an agreement with the Korea Rural Community Corporation as KRW 85,590,00 (including value-added tax) during the said construction works.

B. Around June 12, 2013, the Defendant agreed to the effect that the instant construction project was subcontracted to the Plaintiff during the construction period of KRW 70,200,00 for the construction cost (including value-added tax), from June 12, 2013 to June 30, 2013 ( approximately 82.02% of the subcontract rate), and at the time of the subcontract, the Defendant may adjust according to its content and proportion within 30 days from the date of receiving adjustment from the ordering person in relation to the adjustment and payment of the price following design modification, etc.

C. After that, the High Military Branch of the Korea Rural Community Corporation approved the design modification for the instant construction, the construction cost of the instant construction was increased by KRW 36,356,00.

The Plaintiff completed the instant construction work on August 5, 2013, and received KRW 70,200,000 from the branch offices of the Korea Rural Community Corporation in accordance with the direct payment agreement for subcontracted construction costs, and the Defendant was also paid KRW 36,356,00 for the increased construction cost related to the instant construction from the branch offices of the Korea Rural Community Corporation.

E. Meanwhile, the subcontract guidelines for the Korea Rural Community Corporation's High-Gun Branch stipulate that the subcontract rate shall not be less than 82% where the original contractor subcontracts the construction work.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 7, 8, Eul evidence Nos. 2 and 4, the purport of the whole pleadings

2. In light of the fact that the Plaintiff may request the Plaintiff to increase the subcontract price when the prime contractor increases the contract price as above, and the subcontract rate of the instant subcontract price was 82.2%, and the Korea Rural Community Corporation's branch office, which is the Korea Rural Community Corporation, requires that the prime contractor should subcontract the construction work more than 82%.

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