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1. The Plaintiff’s obligation against the Defendant based on the subcontract concluded on September 5, 2016 between the Plaintiff and the Defendant.
Reasons
1. Basic facts
A. On September 5, 2016, the Plaintiff entered into a subcontract with the Defendant to authorize the Plaintiff to perform the painting construction work on a vessel ordered by C (hereinafter “C”) a stock company (hereinafter “C”).
The main contents of the instant contract are as follows.
[Basic Contract for Subcontract Transactions] Article 6 (Contract Amount) (4) Additional Construction Costs, such as unexpected addition and revised Construction Costs, shall be excluded from the contract amount, which shall be concluded by a separate contract with the plaintiff and the defendant.
(5) Additional or modified works mean works caused by a cause attributable to the defendant due to the revision of designs, error in the course of works, materials, etc.
Article 26 (Cancellation and Termination of Contracts) (2) When any of the following grounds arises, the plaintiff or defendant may cancel or terminate all or part of the basic contract, incidental agreement, and individual contract, if the contract is not implemented within the said period after setting a reasonable date for the performance of the contract in writing to the other party:
1. Where the Plaintiff or the Defendant breached an individual contract with a basic contract and incidental agreement [unit price contract] contract period under Article 1 (Contract subject Matters and Payment Period): From September 4, 2016 to February 2, 2017 (Contract Amount): KRW 121,00,000 (Contract Amount) (i.e., KRW 1,100 x KRW 110,000, value-added tax separately), and seal stamp 2): 143,00,000 (i.e., KRW 1,100 x 130,000 x 130,000 x 130,000, value-added tax separately)
B. According to the Plaintiff’s execution of painting construction work under the instant contract, the Defendant paid the Plaintiff KRW 240,000,000 as indicated below as construction cost under the instant contract.
However, the Defendant received 20,000,000 won out of 50,000,000 as advance payment on September 9, 2016.
The amount paid on the date of payment by the sequence 1, 2016.