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(영문) 대구지방법원 경주지원 2018.02.06 2016가단14198
보증금반환
Text

1. The Defendant’s KRW 49,985,386 as well as 5% per annum from August 10, 2016 to December 7, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the non-party corporation’s subcontract for construction work between the Plaintiff and the non-party corporation’s construction contract 1) The Plaintiff is a company that runs the construction business, and the construction cost of KRW 1,674,710,000 (including value-added tax; hereinafter the same shall apply) for the construction work among the building works of the Ulsan National Sports Center in January 19, 201

(2) On May 27, 2016, the Plaintiff entered into a subcontract for construction works by setting the construction period as the end of January 15, 2017 (hereinafter “instant subcontract”). On May 27, 2016, the Plaintiff entered into a subcontract for the construction of reinforced concrete (hereinafter “the instant subcontract”). The main contents are as follows.

Contract Price: A contract period of KRW 1,389,366,00: From May 27, 2016 to February 28, 2017: An advance payment: From May 27, 2016 to February 28, 2017: KRW 200 million within seven (7) days after the issuance of a letter of advance payment guarantee) The Plaintiff and Thai Construction enter into the instant subcontract with the following terms as at the time of the conclusion of the instant subcontract (hereinafter “instant labor expense agreement”).

Article 2(Definition Management System of Labor Expenses) of the Agreement on the Classification Management and Payment Confirmation System of Labor Expenses (Definition of Terms) refers to a system by which an ordering agency and the counter-party to a contract intend to separately pay labor expenses to the counter-party to the contract and confirm whether the price has been paid to the workers every month. On or after January 1, 2012, Article 3 (Subject-Matter Construction and Payment Scope) and all workers working at a construction site (excluding subject-matter of direct labor expenses, materials and equipment costs) for the construction (including long-term continuing construction projects) to which the contractor concludes the contract. Since Article 6 (Prohibition Notice) excludes labor expenses from advance payment, the amount of advance payment application shall be filed in consultation with the ordering agency. Article 8 (Where an employee exempt from the payment method is unable to open an account or the counter-party wants to receive payment in any other way, the counter-party to the contract shall comply therewith.

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