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(영문) 광주지방법원목포지원 2016.07.13 2015가단52990
약정금
Text

1. The Defendant’s KRW 60,797,00 and the following day shall be 5% per annum from June 6, 2015 to August 19, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant concluded a contract for the construction of one-time comprehensive funeral facility (hereinafter “instant construction”) with a limited liability company (hereinafter “one-time comprehensive construction”), and for the construction of a comprehensive funeral facility (hereinafter “instant construction”) as indicated in the following table (hereinafter “instant construction contract”).

Table: Terms and conditions of the instant construction contract: 4,277,357,357,90 won under the first change contract on June 13, 2014, the first change contract on the date and time of the contract, which was concluded on October 4, 2013; KRW 4,536,340,600 under the second change contract on April 2, 2015; May 22, 2015; KRW 4,901,487,800 under the second change contract on the third change of construction; KRW 4,659,959,690;

B. On December 30, 2014, the Plaintiff and the Plaintiff concluded a contract for construction with respect to the instant subcontracted construction (hereinafter referred to as “instant subcontracted construction”), respectively, by setting the payment amount of KRW 71,797,00 (including value-added tax), payment method “ direct payment of the subcontract price in the place of order”, and period from December 31, 2014 to March 31, 2015, respectively.

The contents of the instant subcontract construction contract related to the instant case are as follows.

Article 21 (Request for Direct Payment of Subcontract Price) (1) Where a person placing an order falls under any cause for the direct payment of subcontract price under related Acts and subordinate statutes, such as the Framework Act on the Construction Industry, etc., he/she may request the person placing an order for the direct payment of subcontract price.

(2) Where Eul requests the direct payment of the subcontract price under paragraph (1), or the ordering person intends to directly pay the subcontract price under the relevant Acts and subordinate statutes, Gap (comprehensive construction on a one-time basis) shall cooperate in the methods and procedures for such payment unless there are any special reasons.

C. As between the Plaintiff and the Defendant on December 30, 2014, the comprehensive construction cost corresponding to the portion executed by the Plaintiff during the instant subcontract work is directly borne by the Defendant to the Plaintiff.

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