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(영문) 대전지방법원 2014.08.21 2013가합101795
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 229,562,751 and the interest rate of KRW 20% per annum from May 25, 2013 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On March 21, 2012, the Plaintiff entered into a subcontract agreement with the Defendant (hereinafter “instant subcontract agreement”) with respect to the steel-frame construction work (hereinafter “instant subcontracted construction work”) among the Doan C&D Construction Corporation (hereinafter “Doan C&D”) that was contracted by the Defendant from the Doan Investment and Development Co., Ltd. (hereinafter “Doan Investment and Development”), with respect to the construction cost of KRW 2,178,000,000, and the construction period from March 21, 2012 to October 31, 2012.

B. The Plaintiff purchased raw materials according to the instant contract, and made steel structure while keeping them in the Plaintiff’s factory, and continued to install steel structure completed at the construction site.

C. From that point of view, the Defendant suspended the instant contract work on June 2012 as it did not receive the payment of the pre-paid construction cost from the Do design investment development, and notified the Plaintiff that the instant contract was suspended, and prevented the Plaintiff from proceeding with the construction of steel-frame structures and on-site construction works.

After that, even if the plaintiff's continued request for the resumption of construction, the defendant prevented the plaintiff from proceeding with the subcontracted construction of this case.

E. Meanwhile, at the time of the discontinuance of the subcontracted construction at the Defendant’s request, the Plaintiff’s factory had the raw materials purchased by the Plaintiff to fulfill the contractual obligations of the instant contract and the steel-frame structures that were manufactured or manufactured were kept.

[Reasons for Recognition] Gap's evidence 2, 3, Eul's evidence 1 to 5, 11, and 18 (including additional numbers), the appraiser A's appraisal result, the purport of the whole pleadings

2. The occurrence of liability for damages caused by the delay of creditor; and

A. According to the facts found in Paragraph 1 of the Defendant’s refusal of receipt, the Plaintiff’s steel structure was manufactured and the Plaintiff was established at the site of the subcontracted project in this case.

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