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(영문) 울산지방법원 2016.01.27 2014가합402
공사대금 등
Text

1. The Defendant shall pay to the Plaintiff KRW 318,68,00 and the interest rate of KRW 15% per annum from November 17, 2015 to the date of full payment.

Reasons

Basic facts, C Co., Ltd. entered into a contract for the construction of the head office of C Co., Ltd. and the subcontract for the construction of the head office of C Co., Ltd. to Jinju-si D with the construction of the head office of C Co., Ltd. (hereinafter “instant building”).

Han Construction Co., Ltd. means, on November 19, 2012, the construction of the building in this case to the Defendant, with all basic construction processes, including light capacity construction, and with respect to the completion of laying the interior of the building using trees, remote areas, plates, etc. after the completion of all basic construction processes including light capacity construction.

(hereinafter referred to as “the interior and funeral works of this case”) were each set of and subcontracted for the construction period of KRW 1,408,00,000 (including value-added tax) and from November 19, 2012 to November 29, 2013.

The Defendant: (a) re-subcontracted with respect to part of the interior and swimming agreements in the instant case with the name of “E” (hereinafter “instant swimming agreements”); (b) re-subcontracted (hereinafter “instant re-subcontract”) with the cost of KRW 275,000,000 (including value-added tax) for the Plaintiff who completed business registration under the name of “E”; and (c) from July 2, 2013 to November 1, 2013; (d) the F guaranteed the Plaintiff’s obligation under the re-subcontract; (b) the Plaintiff, among the Plaintiff and F, was in charge of completing the instant swimming agreement directly at the site of the instant building construction; and (e) F was in charge of the conclusion of the re-subcontract agreement and consultation on business related to the said construction.

The Plaintiff prepared each of the instant re-subcontracts in consultation with the G director, who is the Defendant’s on-site agent in the process of the instant re-subcontracts. G on September 20, 2013, the construction period stipulated in the re-subcontracts to the Plaintiff may be changed flexibly depending on the on-site conditions and circumstances, and may arise due to the delay in construction by the ordering authority.

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