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(영문) 대구지방법원 2020.01.17 2018가합1814
공사대금 등
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1. The Defendant’s KRW 323,816,647 as well as the Plaintiff’s KRW 15% per annum from October 11, 2018 to May 31, 2019, and the following.

Reasons

1. Basic facts

A. On November 22, 2016, C Co., Ltd. (hereinafter “C”) entered into a contract for construction works with E (hereinafter “E”) with respect to remodeling construction works for the building of the headquarters C located in Daegu Suwon-gu D (hereinafter “E”).

B. On August 23, 2017, E entered into a subcontract for construction works to the effect that metal and miscellaneous works (hereinafter “instant metal and miscellaneous works”) among the remodeling works at the headquarters of the said C (hereinafter “instant metal and miscellaneous works”) were the contract amount of KRW 1,377,200,000, and the construction period from August 23, 2017 to May 31, 2018.

(Ex post facto, the date of completion was changed to December 31, 2018). (C)

On October 31, 2017, the Defendant concluded a subcontract for construction re-subcontract (hereinafter “instant construction contract”) with the Plaintiff to re-subcontract a part of the said metal and miscellaneous works (i.e., automatic text, re-subcontract, re-subcontracted the instant construction works) (hereinafter “instant construction works”).

1. Project owner: E;

2. The name of the prime contract: C remodelling works; and

3. The name of subcontracted project: Metal project;

4. Name of sewage water supply: Automatic text, penology, and shot system construction works.

5. Construction period: Amount of value-added tax of KRW 203,500,000 on October 31, 2017 on the date of commencement, and February 6, 2018 on the date of completion: 185,00,000: Value-added tax of KRW 18,50,000;

7.(1) The term "B (Plaintiff, hereinafter the same shall apply)" shall submit an application for the payment by 25th day of the month.

(2) "A (the defendant, hereinafter the same shall apply)" shall pay the agreed account after confirming the details of the request for origin by no later than 30th of the following month.

(E) Upon completion of the construction, the remainder shall be settled and paid on the date of “A”.

(d) Price adjustment and payment conditions following design changes: Settlement of accounts;

D. On October 31, 2017, the Defendant concluded a material supply contract with the Plaintiff for the supply of hardware materials related to the instant construction project (hereinafter “instant supply contract”) with the following content.

1. Project owner: E2.

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