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(영문) 광주지방법원 2018.02.08 2016가합2514
공사대금
Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 44,953,650, and 6% per annum from December 1, 2015 to February 8, 2018.

Reasons

1. Basic facts

A. On May 20, 2013, the Plaintiff entered into a standard subcontract agreement for construction works (hereinafter “instant construction contract”) with the Defendant-based limited liability company (hereinafter “Defendant-based limited liability company”) (hereinafter “Defendant-based limited liability company”) with respect to the temporary mold, steel bars, concrete, non-stowing, and unstowing construction (hereinafter “instant construction”) among the A project ordered by the Plaintiff-based limited liability company (hereinafter “Defendant-based limited liability company”) by setting the period of construction up to March 30, 2014, with the subcontractor’s KRW 1,50,000,000 for the Plaintiff, subcontractor, and the construction cost (hereinafter “instant construction contract”).

On June 21, 2013, Defendant Horo Construction paid KRW 70,000,000 to the Plaintiff as down payment, and the Plaintiff commenced the instant construction work.

B. On March 20, 2014, the Plaintiff and Defendant Daeung Construction entered into a contract to modify the standard subcontract for construction works with the effect that the construction cost of the instant construction contract increases to KRW 1,578,00,000, and the construction period extends to September 25, 2015.

C. The Plaintiff suspended the instant construction project around January 2015, when the Plaintiff delayed payment of the progress payment.

Accordingly, Defendant 1, who is the ordering person, demanded the Plaintiff to resume construction because it would be responsible for the price under the instant construction contract between Defendant 1 and Defendant 2. The Plaintiff accepted this request and the two parties concluded a standard subcontract agreement for construction work with respect to the instant construction work, including Defendant 1,578,00,000, and the construction period, until July 30, 2015, the Plaintiff’s payment of down payment for down payment for the instant construction work amounting to KRW 389,750,00 (hereinafter “instant modified contract”). Accordingly, Defendant 3’s housing construction concluded a standard subcontract agreement with respect to the instant construction work with respect to Defendant 1,578,00,000.

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