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Reasons
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(영문) 대구지방법원경주지원 2017.11.28 2016가단11786
공사대금
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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 15% per annum from June 14, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The status of the parties is a corporation that runs the business of manufacturing and installing steel structures, and the defendant is a corporation that engages in the business of manufacturing metal assembly structural materials.

B. On January 16, 2015, the Defendant, who received a contract for ship structure construction from the Hyundai Heavy Industries that entered into a subcontract between the Plaintiff and the Defendant, concluded a subcontract with the Plaintiff on January 16, 2015, by setting the Plaintiff as “construction work price of KRW 940 million (excluding value-added tax) for the construction work to be successively supplied to the Hyundai Heavy Industries from February 10, 2015 to March 31, 2015 (hereinafter “instant construction work”).

(hereinafter referred to as the “instant subcontract”). (c)

After the conclusion of the instant subcontract, the Plaintiff re-subcontracted the manufacturing work of the frame 144 feet among the instant construction works to Defendant D Co., Ltd. (hereinafter “D”) at KRW 500,300,000 for the construction cost (excluding value-added tax).

(hereinafter “instant sub-subcontract”) d.

Upon the conclusion of the instant subcontract agreement and the payment of the Defendant’s partial construction cost, the Plaintiff failed to comply with the supply period set forth in the instant subcontract. As a result, the Defendant’s delay in the supply of the Defendant’s Hyundai Heavy Industries, the Plaintiff and the Defendant requested the Plaintiff to suspend the construction work on April 2015, and the Plaintiff and the Defendant agreed to terminate the instant subcontract agreement and settled the construction cost on the basis of the honored height. 2) By April 14, 2015, the Defendant paid to the Plaintiff the sum of KRW 259,400,000 as follows:

(2) On January 26, 2015, the portion remaining after repayment by April 14, 2015, out of the subscription price under the instant subcontract (hereinafter “instant subcontract”). Temporary payment is 40,000,000,000 on January 26, 2015; and on March 4, 2015, 50,000,000 on March 4, 2015; and

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