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1. The Defendant’s KRW 65,580,128 as well as the Plaintiff’s annual rate from December 21, 2013 to April 9, 2015, and the following.
Reasons
1. Basic facts
A. On December 26, 2012, the Defendant entered into a contract between the Defendant and the Yellow Sea Comprehensive Construction Co., Ltd. (hereinafter “the construction contract”) with respect to the construction of the Yellow Sea General Construction and the construction of the military unit K-21 electric power equipment on December 26, 2012 and the construction contract (hereinafter “the instant construction contract”) with the period from December 26, 2012 to December 20, 2013 (hereinafter “instant construction contract”).
The lower court concluded a contract. On July 8, 2013, the construction price was changed to KRW 1,493,777,148, but the construction price was changed to KRW 1,637,079,160 again on December 20, 2013, and the period was changed to January 19, 2014. (2) The Defendant paid KRW 500,000,000 as advance payment to the Yellow Sea General Construction and KRW 350,000 on February 7, 2013, and KRW 150,000,000 on May 15, 2013.
3) In the instant construction contract, the Ministry of Strategy and Finance made it part of the accounting rules related to the State contract and added the term “general terms and conditions of construction contract” to the contract for government-funded construction works ordered by the State and the local government, etc. The provisions pertaining to advance payment are as follows:
1. Where a judgment received by a subcontractor against the counter-party to the contract has become final and conclusive, which orders the payment of the subcontract consideration for the portion he/she executes;
2. Where the other party to a contract becomes unable to pay the subcontract price to the subcontractor due to bankruptcy, dishonor, business suspension, revocation of license, etc.;
3. The other party to a contract shall be a subcontractor pursuant to the provisions of the Fair Transactions in Subcontracting Act or the Framework Act on the Construction Industry;