Text
1. The Defendant (Counterclaim Plaintiff) paid KRW 377,275,471 to the Plaintiff (Counterclaim Defendant) and its related amount from December 28, 2013 to June 24, 2015.
Reasons
The following shall be deemed together with the principal lawsuit and counterclaim.
1. Basic facts
A. 1) The Plaintiff entered into the instant subcontract on December 10, 2012 (hereinafter referred to as “culp construction”) with a limited liability company on December 10, 2012.
B) As between the Plaintiff and the Korea Land and Housing Corporation, the building of reinforced concrete (hereinafter “instant construction”) among the Ulsan-gu Postal Zone A3BL apartment construction (section 3) construction (hereinafter “instant construction”) located in Ulsan-gu Postal Zone.
(B) A subcontract to the effect that the contract amount is the 7,499,06,710 won and the period of construction, from December 10, 2012 to December 31, 2013, and that the contract amount is determined as 10% of the contract deposit and subcontracts to the construction of a meteorite (hereinafter “instant subcontract”).
(2) The main contents of the instant subcontract are as follows.
Article 7 (Execution of Contracts and Guarantee of Payment for Construction Costs) (1) The plaintiff and the Construction of a meteorite shall guarantee each other the execution of contracts and the payment of construction costs in the following manners:
1. The method of guaranteeing the contract performance of the amount equivalent to 10% of the contract amount to the Plaintiff.
1. Certificates issued by the construction mutual aid association, specialized construction mutual aid association, guarantee insurance company, and credit guarantee fund and other supporting institutions equivalent to those of the weather;
2. National or local bonds/bonds;
3. A financial institution’s payment guarantee or certificate of deposit Article 22 (Advanced Payment) (1) The Plaintiff shall pay advance payment for Hawing Construction as stipulated in the contract.
(2) When the plaintiff receives an advance payment from the project owner, he/she shall pay an advance payment for the construction of meteorites within the extent of 15 days from the date he/she received such advance payment (or the date he/she received such advance payment if he/she received such advance payment before he/she entrusts such construction) in accordance with the details and ratio of the advance payment he/she received, as stipulated in the contract.
(3) Where it is intended to receive advance payment for a meteorite construction project.