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(영문) 광주지방법원 2015.07.02 2014가단56176
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,366,831 and the interest rate of KRW 20% per annum from October 21, 2014 to the day of full payment.

Reasons

Facts of recognition

In the process of construction contract and construction, the Defendant was awarded a contract for a part of the construction works among the 5-3 construction sections for Honam High-speed Railroad.

On February 10, 2011, the Defendant, with the trade name B, ordered the Plaintiff to undertake construction business, etc., with the cost of KRW 2,086,00,000 (the value-added tax is separate, and the amount is to be settled depending on the increase or decrease in quantity after the completion of the construction) and the period of “from January 31, 201 to January 24, 2014,” stipulated that the Defendant subcontracted the instant construction business to the Plaintiff as “from January 31, 201 to January 24, 2014.”

(However, the form of contract was in the form of a contract for participation in construction). The plaintiff and the defendant concluded the above contract for participation in construction, which determined that the plaintiff calculated the quantity of the immediately preceding month's work performance and demanded the defendant to claim the progress payment by the 25th day of

On February 201, the Plaintiff commenced the instant construction project and continued to perform the instant construction project until March 2014.

The Plaintiff filed a claim for the payment of the 28-time progress payment and the partial payment of the 28-time progress payment with the Defendant during the instant construction project, and accordingly, the Plaintiff filed a claim for the payment of the 28-time progress payment calculated according to the input cost even in December 2014.

At the time of demanding progress payment, the Plaintiff claimed KRW 23,520,450 from September 2, 2013 and from the Mining Steel Co., Ltd. (hereinafter “Mining Steel”) to November 2014 for the total of KRW 27,606,210, which occurred in the part of construction works using his/her materials. Accordingly, even the 28th performance inspection report, the Plaintiff was divided into KRW 65,349,060 as material cost among KRW 157,80,000, KRW 75,230,00 as labor cost, KRW 13,90,00,00 as food cost, KRW 3,320,00 as food cost, KRW 65,349,06 as cost for the above materials cost, KRW 27,206, KRW 200 as cost for the mine and steel industry, KRW 246,205,200 as cost for the above materials cost, KRW 246,25,205,200

It was stated to the effect that it was included.

(b).

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