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Reasons
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(영문) 광주지방법원 2016.08.25 2015가합58183
공사대금
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1. The Defendant shall pay to the Plaintiff KRW 271,416,100 and the interest rate of KRW 15% per annum from August 18, 2015 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff is a company whose purpose is the manufacturing business of metal products for structural use, and the defendant is a company that aims at construction business (civil engineering and construction business).

B. On September 4, 2012, the Defendant concluded a contract for the contract with the Armed Forces Finance Management Body and the “A” (hereinafter “instant construction”) with respect to the contract amount of KRW 5,689,62,00 and the contract period from September 4, 2012 to March 3, 2014.

C. On March 29, 2013, the Defendant concluded a subcontract with respect to underwater works with respect to which the contract amount of KRW 1,911,140,000 for underwater works among the instant construction works, and the contract period from March 30, 2013 to December 15, 2013.

On March 11, 2013, the Plaintiff entered into a sub-subcontract (hereinafter referred to as “instant sub-subcontract”) with respect to the production, painting, and transport of the instant construction works, with respect to the contract amount of KRW 786,50,000 and the contract period from March 11, 2013 to June 30, 2013.

E. Since then, there was an agreement between the Plaintiff, the Defendant, and Earin on the method of separating the instant sub-subcontract into two contracts. According to the said agreement, the instant sub-subcontract was reduced to KRW 471,021,100, and the Plaintiff entered into a subcontract with the Defendant on March 29, 2013, with respect to the steel structure works among the instant construction works, the contract amount of KRW 370,700,000, and the contract period from March 30, 2013 to December 15, 2013.

F. The above subcontract entered into between the Plaintiff and the Defendant has been modified on several occasions, and the contract amount was finally 360,89,000 won on July 8, 2015.

G. According to the above subcontract, the Plaintiff’s KRW 240,955,000 from the Defendant on June 5, 2013, and the same year

8. 16.32,560,000 won, and the same year;

9. 67,100,000 won was received respectively, and according to the re-subcontract of this case, the same year:

9. The 16.16.10 million won was paid respectively.

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