(영문) 수원지방법원 2015.02.05 2013가단83967

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(영문) 수원지방법원 2015.02.05 2013가단83967

공사대금

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1. The Defendant’s KRW 48,004,290 for the Plaintiff and 5% per annum from August 7, 2013 to February 5, 2015.

Reasons

1. The parties' assertion

A. The plaintiff is obligated to pay the remainder of the construction work to the plaintiff, since the plaintiff was awarded a subcontract from the defendant to complete the construction work.

B. Since some of the construction cost of the Plaintiff’s construction site was paid in excess, and furthermore, the Plaintiff’s defects occurred in the construction site, the Plaintiff’s assertion cannot be complied with.

2. recognised facts;

A. The Plaintiff, while operating a personal business entity B, was awarded a subcontract for the following construction works by the Defendant Company.

The basic form was to pay the Plaintiff the remainder after deducting the amount equivalent to 3% of the employment insurance premium, the securities issuance fee, the transaction partner’s payment, and the Defendant’s interest (the “depaid payment”) from the progress payment received by the Defendant from the original contractor, which the Defendant received from the original contractor, as the subcontract price.

B. The Defendant, upon receiving a contract from Daewoo Construction Co., Ltd., awarded a subcontract to the Plaintiff on or around June 2010, and the Plaintiff completed the construction.

The Defendant received construction cost of KRW 336,373,00 in relation to the above construction work, and paid KRW 254,405,976 in the amount of KRW 270,689,90 which the Plaintiff should pay as the subcontract price.

C. The Defendant: (a) contracted part of D’s new construction works from Daewoo Shipbuilding Marine Construction (ju) to April 5, 2012; (b) ordered the Plaintiff to engage in crowdfunding, smoking, and specialized design construction; and (c) the Plaintiff completed the construction work.

The Defendant received 315,400,000 won in relation to the intermediate construction during the instant construction from the construction (ju) and paid 124,367,885 won out of 133,113,92 won, which should be paid to the Plaintiff as the subcontract price, and received 157,772,380 won in relation to the absorption and specialized design construction, and among them, paid 13,95,397 won in relation to the Plaintiff as the subcontract price.

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