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1. As to KRW 98,857,410 among the above money and KRW 191,491,861 to the Plaintiff, the Defendant shall be from April 16, 2014, and KRW 92,634.
Reasons
The summary of the case is the case where the plaintiff who is the contractor (subcontract) seeks the refund or repayment of the paid direct payments to the defendant who is the contractor (contractor) and the defendant's subcontractor (contractor).
In fact, on March 28, 2013, the Plaintiff concluded a subcontract for construction works with respect to reinforced concrete construction among the above construction works (including value-added tax; hereinafter the same shall apply) and the construction period from March 28, 2013 to November 29, 2013, when the Plaintiff was awarded a contract for construction works among the throughout the 2050 Gas Corporation in the YY LNA LNG Co., Ltd., a contract for construction works with the Defendant during the construction work.
1. On March 28, 2013, when the Plaintiff and the Defendant demanded KRW 160,281,000 for the sixth progress payment of the said construction works (as of September 10, 2013) that were being performed after the contract was concluded on March 28, 2013, 79,20,000 among them are the progress payment based on the actual performance, and the remainder of KRW 81,031,00,000 is the excess amount that was additionally requested for the public interest beyond the Defendant’s performance due to the Defendant’s lack of funds for the debrisonation.
2. The defendant promises to use the 6th progress payment (160,281,000 won) above only for the payment of labor and material costs relating to the site, and agrees to dispose of all or part of the payment in direct payment by the plaintiff company according to the plaintiff's judgment.
3. If the performance of the remaining construction works is not supported or delayed after the receipt of the sixth progress payment (160,281,000 won), the plaintiff's objection is not raised in any disposition (such as construction work, civil litigation, etc.) and the additional amount (81,031,000 won) requested will be promptly returned without any condition.
4. In addition, by March 31, 2013, recognizing that the above construction was completed but failed to be implemented by March 31, 2013 when explaining the construction site, and promptly proceeding the remaining construction and complete all structural works until October 15, 2013.