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(영문) 서울동부지방법원 2016.12.14 2016가단102550
공사대금
Text

1. The Defendant’s KRW 177,817,521 as well as the Plaintiff’s KRW 6% per annum from October 11, 2014 to November 9, 2016.

Reasons

1. Facts of recognition;

A. A. Around June 29, 2009, the Defendant and the Ulsan Construction Co., Ltd. (hereinafter “Uuld Construction”) were jointly awarded a contract with the Korea Highway Corporation for construction work (hereinafter “Uuld Construction”) between Ulsan and Ulsan-Ports of the national expressway No. 65 lines (hereinafter “Uuld Construction”) (hereinafter “Uuld Construction”).

(hereinafter “instant prime contract”). The instant prime contract was a joint performance method in which the respective share ratio of the Plaintiff was 50%, and the Ulsan Construction was selected as the representative of the joint contractors.

B. On June 16, 2014, Ulsan Construction awarded a subcontract to the Plaintiff on the part of the “Yancheon-gu Down-si in Ulsan-si, Ulsan-si” section of the “Yancheon-gu, Ulsan-si” (hereinafter “instant subcontract”) among the instant prime contract work, with the construction cost of KRW 184,80,000 (including value-added tax); the construction period from June 16, 2014 to May 2, 2015; the advance payment shall be paid within 15 days from the date of concluding the contract; and the progress payment shall be paid within 60 days from the date of receiving the object, respectively.

(hereinafter “instant subcontract”). At the time, Ulsan Construction issued to the Plaintiff a written guarantee of subcontract payment issued by the Construction Mutual Aid Association on July 31, 2014 with respect to the said subcontract price.

C. After completing the instant subcontracted project within the said construction period, the Plaintiff requested the Ulsan Construction to pay the construction cost on June 30, 2014.

Accordingly, on July 31, 2014, the Ulsan Construction delivered to the Plaintiff electronic bills worth KRW 160,876,506 at the face value of October 10, 2014 for the payment of subcontract consideration.

However, the bill was refused to pay at the due date.

After that, on October 22, 2014, the Seoul Central District Court 2014 Gohap175 decided to commence rehabilitation and was granted authorization on July 1, 2015.

The plaintiff reported 358,729,086 won as a rehabilitation claim in the rehabilitation procedure.

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