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(영문) 대전지방법원홍성지원 2014.12.11 2013가합2136
공사대금
Text

1. Defendant M&D Co., Ltd. shall pay to the Plaintiff KRW 187,983,080 and its interest from December 6, 2013 to the date of full payment.

Reasons

1. Basic facts

A. A. Around April 14, 2010, the Korea New Airport Construction Co., Ltd. (hereinafter “CAS Construction”) and the Korea New Airport Co., Ltd. jointly ordered the “B Complex Construction Project” (hereinafter “instant Complex Construction Project”) from the Simdae Construction Co., Ltd. (hereinafter “instant Complex Construction”). Around that time, the Korea New Airport Construction Co., Ltd. awarded a subcontract for the instant Land Construction among the instant construction.

씨에이치건설은 2013. 9. 16.경 토목건축공사업 부분을 피고 호정 주식회사(이하 ‘피고 호정’이라 한다)게 양도하였다

(hereinafter referred to as the “Defendant’s name, etc.”) when the joint contractor for the complex development project in this case is collectively named. (b)

On September 5, 2011, the Plaintiff received re-subcontracts with the construction cost of KRW 155,359,820 (including value-added tax) and the construction period from September 6, 201 to December 24, 2011.

(hereinafter referred to as the “Re-subcontract in this case.” The increased volume of base price (amending) contracts (amending) contracts shall be 48,213 cubic meters on April 8, 201 and 75,90 cubic meters on October 13, 201, 200 cubic meters 27,687 cubic meters on August 154, 2013, 200 cubic meters 78,378 cubic meters 78,478 cubic meters on August 13, 2013, 78,478 cubic meters metres 78,478 cubic meters on January 27, 2014.

C. As to the quantity of blasting necessary for the construction of the instant complex, a modified contract was concluded between the assigned group and Defendant Ho-ho et al. as follows.

Amount of KRW 62,70,00 on October 15, 201, 200 on the date of issuance of tax invoices, KRW 36,637,60 on November 26, 2011, KRW 300 on November 30, 3201, KRW 49,420,80 on April 30, 201, KRW 420,00 on April 30, 201, KRW 57,650,00 on May 31, 2013, KRW 64,946,00 on June 30, 201, KRW 7.15,004,00 on July 15, 200, KRW 300 on KRW 41,975,00 on April 31, 2013, KRW 3064,068,64,6784,686,67,600

D. From September 6, 2011, the Plaintiff suspended construction on the ground that the period of the instant blasting construction project was not timely paid on November 4, 2013 while performing the instant blasting construction project.

The plaintiff around that time, up to eight times, set up a tax invoice of KRW 446,570,080 in total.

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