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(영문) 대구지방법원서부지원 2016.09.06 2015가합6471
공사대금
Text

1. The Defendant’s KRW 16,836,80 for the Plaintiff and KRW 5% per annum from February 11, 2015 to September 6, 2016.

Reasons

1. Basic facts

A. On March 3, 2014, the Defendant received a contract from the Korea Radio Base Corporation (hereinafter referred to as the “Korea Radio Base Corporation”) for the Daegu subway Corporation (hereinafter referred to as “C”) with the contract amount of KRW 408,206,70 (including value-added tax). On April 14, 2014, the Defendant received a contract from the Korea Radio Base Corporation for the Daegu subway Corporation (hereinafter referred to as “D Corporation”) with the contract amount of KRW 840,46,00 (including value-added tax).

B. As above, the Defendant awarded a subcontract to Nonparty F, who is engaged in the business of mutual communication between C and D Corporation (hereinafter “instant construction”) and Nonparty F, who is engaged in the business of mutual communication between E, and did not prepare a written contract regarding the amount of construction or the specific contents of the subcontract. However, the Defendant agreed with F to pay 80% of the amount of construction paid from the Korea Radio Base Station as the subcontract price.

C. Until June 2014, F performed the instant construction project with the name of E, and was unable to perform the construction due to nonperformance, F established the Plaintiff with his own type G and established the Plaintiff at that time, and the Plaintiff established the Plaintiff at that time. The Plaintiff, as in the previous subcontract, agreed to perform the instant construction project from July 2014 to the Defendant, without preparing a contract on the amount of construction or the specific subcontract terms and conditions with the Defendant, to receive 80% of the construction amount the Defendant received from the Korea Radio Base Station as the subcontract price.

After that, the defendant and the Korea Radio Base Bureau, unlike the original contract amount, finally settled the contract amount of C Corporation as KRW 768,516,320 (including value-added tax) and the contract amount in D Corporation as KRW 710,932,970 (including value-added tax), and the Korea Radio Base Bureau paid the contract amount to the defendant as follows:

[Payment Details] The Corporation (unit: Won) name C.

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