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(영문) 대전지방법원천안지원 2017.05.10 2016가단102913
손해배상(기)
Text

1. Of the Plaintiff’s Dwork against Defendant A corporation, reinforced concrete works, civil engineering works, and additional civil engineering works.

Reasons

1. Basic facts

A. The Plaintiff is the principal contractor of the Chungcheongnam-gun and one parcel-ground D Corporation (hereinafter “instant construction”) that ordered by the Dainam-gun, Chungcheongnam-gun, and the competent Military Service.

Defendant A Co., Ltd. (hereinafter referred to as “Defendant A”) is a company whose purpose is soil construction business, reinforced concrete construction business, etc., and Defendant B is the representative director of Defendant A.

B. On July 11, 2014, between Defendant A and Defendant A, the Plaintiff entered into a contract with the following terms: (a) the period from July 11, 2014 to November 7, 2014, for reinforced concrete construction works, civil engineering works, and civil engineering supplementary works; (b) the amount of construction works is KRW 260,140,000,000 for reinforced concrete construction works; (c) the amount of construction works is KRW 159,80,000 for civil engineering works; and (d) 44,70,000,000 for additional civil works (excluding value-added tax); and (d) each of the said construction works subcontracted by Defendant A (hereinafter referred to as “each of the instant construction works”).

On September 26, 2014, the Plaintiff entered into a contract with Defendant A on the following terms: (a) the price for civil engineering works under the instant contract is KRW 140 million; (b) the price for reinforced concrete construction works is KRW 240 million; and (c) each construction period is changed by December 22, 2014.

C. On July 14, 2014, the Plaintiff paid to Defendant A an amount of KRW 2410,000,000,000 for progress payment under the instant contract, KRW 7,700,000 on October 15, 2014, and KRW 5,654,00,000 on November 30, 2014.

On December 2014, there was a dispute between the Plaintiff and the Defendant regarding the claim for the origin of each of the instant construction works.

On January 14, 2015, the Plaintiff and Defendant A settled the total term completion rate of each of the instant construction works as 67.1%, 284,612,290 won (5.7% of the base value of the steel reinforced concrete construction works, progress payment as 133,958,535 won, progress payment as 135.7%, progress payment as 75.7%, progress payment as 105,953,75 won, progress payment as 105,953,75 won, progress payment as 100%, progress payment as 49,170,00 won) and agreed on the instant contract.

(hereinafter “The instant settlement agreement”). The Plaintiff was in arrears with Defendant A on the same day, and Defendant A with respect to each of the instant works.

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