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(영문) 부산지방법원 2016.02.18 2014가단100128
공사대금
Text

1. The Defendant’s KRW 50,979,500 and its annual rate from July 15, 2014 to February 18, 2016 to the Plaintiff.

Reasons

Basic Facts

On June 13, 2013, the Defendant entered into a construction contract (No. 24; hereinafter “instant contract”) with Liber C&D Co., Ltd. with the content that the Defendant’s contract for construction work for the Busan Seo-gu A&D (hereinafter “instant extension project”) for the construction work price of KRW 1.21 billion (including value-added tax) and the construction period of the instant extension project to October 31, 2013.

The construction period under the instant contract was extended after the extension, and finally changed on May 14, 2014.

In this case, common theory and civil engineering works, construction works, electrical construction works, installation works, and household construction works are included, among which the construction costs for electrical construction works are KRW 136,88,758 (based on net construction costs).

On February 5, 2014, the Plaintiff entered into a subcontract agreement (Evidence A; hereinafter “instant subcontract agreement”) with the Plaintiff for the electrical construction of the instant extended construction project (hereinafter “instant electrical construction”) from January 9, 2014 to March 31, 2014, with the construction cost of KRW 126.5 million (including value-added tax) and the construction period of the instant extended construction project from January 9, 2014.

On March 31, 2014, the Plaintiff, the Defendant, and Lllil case drafted a letter of direct payment of subcontract consideration (No. 3, hereinafter “instant direct payment agreement,” and “instant direct payment agreement”) with the following contents.

1. In the subcontract between the above subcontractor and the subcontractor, agreement is reached between the subcontractor (to be deemed to be a clerical error in the place of the contract), the contractor, and the subcontractor, to be directly paid by the subcontractor pursuant to Article 35 of the Framework Act on the Construction Industry and Article 14 of the Fair Transactions in Subcontracting Act.

2. Methods and procedures for the direct payment of the subcontract price;

(a) The contractor has executed the subcontractor at the time of the pre-examination and the completion inspection;

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