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Reasons
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(영문) 창원지방법원마산지원 2014.11.28 2014가합611
공사대금
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1. The Defendant’s KRW 167,679,182 with respect to the Plaintiff and 6% per annum from February 10, 2014 to November 28, 2014, and the following.

Reasons

1. Basic facts

A. The Defendant and the Seo Sea Comprehensive Construction Co., Ltd. (hereinafter “the Seo Sea Comprehensive Construction”) enter into a contract between the Defendant and the Seo Sea Comprehensive Construction Co., Ltd. (hereinafter “the Seo Sea Comprehensive Construction”) on December 26, 2012 and the Seo Sea Comprehensive Construction and B Facility Construction (hereinafter “the instant construction”).

(2) On December 26, 2012, the term of KRW 1,494,966,060, and the term from December 20, 2012 to December 20, 2013, a construction contract was concluded with respect to the construction project. After that, the construction cost was changed to KRW 1,493,77,148 on July 8, 2013, but the construction cost was changed to KRW 1,637,079,160 on December 20, 2013, and the period was changed to January 19, 2014.2) The Defendant paid KRW 350,000,000 as an advance payment to the Western Sea General Construction and KRW 1,50,000 on May 15, 2013, respectively.

3) In the instant construction contract, the Ministry of Strategy and Finance made it part of the accounting established rules related to the State contract and added “general terms and conditions of construction contract” to the contract for government-funded construction works ordered by the State, local governments, etc. The provisions pertaining to advance payment are as follows:

1. Where a judgment received by a subcontractor against the counter-party to the contract has become final and conclusive, which orders the payment of the subcontract consideration for the portion he/she executes;

2. Where the other party to a contract becomes unable to pay the subcontract price to the subcontractor due to bankruptcy, dishonor, business suspension, revocation of license, etc.;

3. A payment guarantee made by the other party to a contract for the subcontractor pursuant to the provisions of the Fair Transactions in Subcontracting Act or the Framework Act on the Construction Industry.

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