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(영문) 광주지방법원 2018.02.01 2016가합50070
추심금
Text

1. The Defendant’s KRW 37,457,242 as well as 5% per annum from August 9, 2016 to February 1, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. (1) Around May 21, 2015, the Defendant issued a public announcement of the construction of the instant construction contract and the modification of the construction cost (1) of the instant construction contract, and around June 11, 2015, the Geum River Construction Co., Ltd. (hereinafter referred to as “ Geum River Construction”) was selected as a successful bidder in the instant construction tender around June 11, 2015.

(2) On June 19, 2015, the Defendant and the Geum River Construction concluded a construction contract (hereinafter “the instant construction contract”) with regard to the instant construction project as the construction period from June 25, 2015 to December 15, 2016 (from June 23, 2016, up to June 23, 2016) and the construction cost of KRW 3,631,640,00 (the first construction cost includes KRW 2,537,70,000, value added tax; hereinafter the same shall apply).

(3) The instant construction was carried out as the primary construction and the secondary construction. As indicated in Table 1 below, the Defendant and the Geum River Construction changed the construction cost while carrying out the instant construction. On January 11, 2017, the Defendant settled the final construction cost in total at KRW 3,687,781,412 after completing the instant construction.

No. 1. Table 1: 2,537,70,00 on June 19, 2015; 3,631,640,479,00 on June 21, 2016; 3,744,419,003,30,891,003,634,891,003,634,831,831,000,831,00,000 on August 5, 2016; 30,842,30,00,003,831,000,831,000,831,000,831,000,000,000 on September 2, 2016, 2016; 37,400,34,82,42,742,42,42,42,412,2016

B. The execution of each of the instant subcontracting contracts, and the execution of each of the instant assignment of claims (1) a subcontract with S&S Construction Co., Ltd., and the construction of Geum River Construction Co., Ltd. (A) around June 26, 2015 (hereinafter “S&W Construction”) during the instant construction period.

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