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(영문) 수원지방법원 안산지원 2018.11.08 2017가합343
공사대금(정산금)
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 357,068,876 and the full payment from August 12, 2017.

Reasons

1. Basic facts

A. The Plaintiff (including before and after the change of the name from C Co., Ltd. on August 24, 2016 to A; hereinafter “Plaintiff”) is a stock company with the purpose of reinforced concrete construction business, etc., and the Defendant is a stock company with the purpose of civil engineering and construction business.

B. On August 20, 2013, the Defendant received contracts from the Seoul Regional Procurement Service for D Corporation’s “D Corporation’s price of KRW 10,660,180,000, and construction period from September 2, 2013 to August 26, 2015” (hereinafter “D Corporation”).

(2) On October 1, 2013, the Defendant subcontracted the construction of reinforced concrete to the Plaintiff by determining the price of KRW 1,724,80,00,00 for the construction of reinforced concrete among the sales bridge works, and by December 31, 2014 from October 1, 2013 to December 31, 2014. The Defendant subcontracted the construction of reinforced concrete to the Plaintiff by determining the price of the construction of reinforced concrete among the sales bridge works as KRW 310,20,000 for the construction of temporary facilities and the supply period from October 1, 2013 to December 31, 2014.

3) On December 10, 2013, Seoul Central District Court Decision 2013Kahap1866 rendered a provisional disposition on the preservation of qualified recipients’ status, etc., and the progress of the said construction was suspended. On December 2, 2014, the said construction contract was terminated. (c) On June 19, 2014, the Defendant was awarded a contract with the Director General of the E University for the construction of a new building of an E University (Art. 8,692,00,000, and the construction period from June 25, 2014 to December 24, 2015.

(2) On October 31, 2014, the Defendant subcontracted the construction of reinforced concrete at KRW 1,243,00,000 to the Plaintiff during the said construction period from October 7, 2014 to December 24, 2015. (3) The Defendant paid the Plaintiff KRW 1,168,310,000 in total as the price for the said subcontracted construction.

The Defendant, on June 29, 2015, extended the construction period of KRW 13,90,000,000 for the “F University strike campus New Construction Work” from the total head of the F University on June 29, 2015.

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