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(영문) 대구지방법원 2018.05.16 2018나300713
공사대금
Text

1. The judgment of the first instance court, including the claims extended by this court, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. The status of the parties is a corporation that runs the business of manufacturing and installing steel structures, and the defendant is a corporation that engages in the business of manufacturing metal assembly structural materials.

B. On January 16, 2015, the Defendant contracted for the construction of vessel structures by Hyundai Heavy Industries Co., Ltd. (hereinafter “Modern Heavy Industries”), which entered into a subcontract between the Plaintiff and the Defendant (hereinafter “Modern Heavy Industries”), concluded a subcontract with the Plaintiff on January 16, 2015, the Defendant concluded a subcontract with the Plaintiff, setting the construction cost of KRW 940,000,000 (excluding value-added tax) for the construction work to be successively manufactured from February 10, 2015 to March 31, 2015 (hereinafter “instant construction work”).

(hereinafter referred to as the “instant subcontract”). (c)

After the conclusion of the instant subcontract, the Plaintiff re-subcontracted Defendant D Co., Ltd. (hereinafter “D”) with construction cost of KRW 500,300,000 (excluding value-added tax) during the instant construction project.

(hereinafter “instant sub-subcontract”) D.

Upon the conclusion of the instant subcontract agreement and the payment of the Defendant’s partial construction cost, the Plaintiff failed to comply with the supply period set forth in the instant subcontract. As a result, the Defendant’s delay in the supply of the Defendant’s Hyundai Heavy Industries, the Plaintiff and the Defendant requested the Plaintiff to suspend the construction work on April 2015, and the Plaintiff and the Defendant agreed to terminate the instant subcontract agreement and settled the construction cost on the basis of the honored height. 2) By April 14, 2015, the Defendant paid to the Plaintiff the sum of KRW 259,400,000 as follows:

(2) On January 26, 2015, the portion remaining after repayment by April 14, 2015, out of the subscription price under the instant subcontract (hereinafter “instant subcontract”). Temporary payment is the amount of January 26, 2015, 40,000,000 on February 12, 2015.

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