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(영문) 의정부지방법원 2015.02.12 2013가합12935
공사대금 등
Text

1. The Defendant’s annual interest in KRW 96,944,228 and KRW 95,473,463 among the Plaintiff, from September 12, 2014 to February 12, 2015.

Reasons

1. Basic facts

A. On September 7, 2012, the Defendant received a blanket contract for the construction cost of the Daegu Factory Engrading from Youngwon Trade Co., Ltd. to KRW 10,475,300,000 (including value-added tax). On December 24, 2012, the Plaintiff received a subcontract for the metal window construction among the above main contract works (hereinafter “instant subcontract”).

[Written Contract of this case]

1. The project owner: The term of the principal contract for the extension of the Daegu Daegu factory: The term of the principal contract for the extension of the construction project in the Daegu Special Metropolitan City Co., Ltd. in the form of a project: The name of the subcontractor from September 7, 2012 to May 31, 2013: Metal and Changho Corporation;

3. Construction site: On the port of the Gu, Daegu-gun, 760-2.

4. Period of construction: Commencement on December 24, 2012, completion: May 31, 2013: Contract amount: 550 million won (i.e., value-added tax of 550 million won per value-added tax of 550 million won).

6. Payment: progress payment - Cash settlement within forty-five days after a claim is filed at the end of each month.

7. Contract performance guarantee: 10% of the contract amount (to be issued at the expiration of 60 days at the time of issuance of a written guarantee);

8. Defect warranty bond: 10%.

B. Around June 2013, the Defendant agreed to increase the initial construction amount to KRW 10,505,550,000 (including value-added tax) and to change the construction period until June 30, 2013, by implementing additional construction works equivalent to KRW 30,250,00 on the ground of trade in Youngwon Co., Ltd. and design change.

C. Around June 28, 2013, the Plaintiff completed the subcontracted project in this case, and received KRW 492,80,000 from the Defendant as the construction price by September 17, 2013.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, Eul evidence 3-1 to 6, Eul evidence 1-2, Eul evidence 30, and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion amounting to KRW 301,163,683 (=the total amount of the remainder payment of the subcontracted project in this case = KRW 62.7 million (=the total amount of KRW 555,500,000 for the remainder payment of the remainder payment of the subcontracted project in this case – KRW 49,280,000) is KRW 238,463,683 (=Attachment 1’s additional construction project 4,281,532 KRW 45,495,00 for the additional construction project in attached Form 2, attached hereto 3.

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