(영문) 춘천지방법원원주지원 2016.11.22 2016가단31519

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(영문) 춘천지방법원원주지원 2016.11.22 2016가단31519

공사대금

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1. The Defendant’s KRW 44,447,650 as well as 6% per annum from April 22, 2014 to February 29, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On December 29, 2011, the Defendant (department in charge) entered into a contract on the construction of sewage treatment facilities (hereinafter “instant construction”) with E&C Co., Ltd. (hereinafter “E&C”) under the terms of contract for the construction of wastewater treatment facilities (hereinafter “instant construction”) between the Defendant and E&C during the contract period from December 29, 201 to November 30, 201, and entered into a contract for the change of the terms of contract between 415,350,910 won, and the term of contract from December 29, 2011 to November 30, 2012. The contract was concluded on May 23, 2012 to increase the contract amount to KRW 528,291,010.

(hereinafter “instant contract”). (b)

1) On February 17, 2012, the Plaintiff entered into a subcontract agreement between E&C and the Plaintiff (including value-added tax) with respect to the construction of machinery and system equipment during the instant construction, with the terms of contract period of KRW 247,070,676 (including value-added tax) from May 15, 2012 to November 30, 2012. On August 8, 2012, the Plaintiff entered into the said subcontract agreement with E&C with the Plaintiff (hereinafter referred to as “instant subcontract agreement”).

(2) According to the special terms and conditions of the contract for the treatment facilities of sewage included in the instant subcontract, the treatment facilities of sewage to be completed by the Plaintiff under the instant subcontract can be completed when the relevant local government was judged to have passed water quality inspection, and the compensation for delay shall be imposed when they failed water quality inspection.

C. On May 25, 2012, the Defendant paid KRW 216,482,00 as advance payment for the instant construction work to E&C.

On August 8, 2012, the Plaintiff, E&C, and the Defendant agreed to pay the subcontract price directly to the Plaintiff according to the instant contract (Evidence 3; hereinafter “instant agreement”).

The main contents of the above agreement shall be as follows:

1.The contractors and subcontractors under the above contract of construction work.

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