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(영문) 서울남부지방법원 2019.11.12 2018가단251077
임금 및 공사대금
Text

1. The Defendant’s KRW 46,952,208 as well as the Plaintiff’s KRW 6% per annum from September 14, 2018 to November 12, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff is a corporation that runs interior construction business, building material processing business, etc., and the Defendant is a corporation that runs soil construction business, building construction business, etc.

B. On December 14, 2016, the Defendant received a contract from the Gangnam-gu Seoul Metropolitan Government Office of Education for the extension of the Cmiddle School Sports Center (the first; hereinafter “instant First Extension Corporation”) from the Gangnam-gu Seoul Metropolitan Government Office of Education for the construction cost of KRW 943,00,000 (the total construction cost of KRW 1,497,697,294), and the construction period of KRW 1,497,697,294) from December 26, 2016 to August 22, 2017.

On July 28, 2017, the Defendant was awarded a contract for the said extension work (the second extension work of this case; hereinafter referred to as “the second extension work of this case”) with the amount of KRW 595,94,000 for the additional construction work.

C. On March 22, 2017, the Defendant indicated “A” No. 1 in the Plaintiff’s submission as of June 22, 2017.

From June 29, 2017 to August 15, 2017, the Plaintiff entered into a contract for giving subcontracting by setting the construction cost of KRW 88,000,000 (including value-added tax), the construction period from June 29, 2017 to August 15, 2017, and the rate of liquidated damages for delay at 3/100.

The Defendant completed the instant primary extension work, and performed the instant secondary extension work on November 20, 2017, and subsequently, the Defendant given up the said construction work to the Office of Education on the ground that the construction was no longer progress due to the Defendant’s internal circumstances, and given up the said construction work. The issue arising therefrom was that the Defendant submitted the “written waiver of the construction work” to the effect that the Defendant is responsible, and completed the said secondary extension work.

After December 2017, Seoul Local Government Procurement Service notified the Defendant of the termination of the contract.

E. Around the time of the above Section, the Defendant and the supervisor of the instant 1 and 2 extension works, and the Office of Education at the time of the above Section, in relation to the said 2 extension works, prepared the “detailed statement of the completion of another division (the second)” (hereinafter “the instant statement of settlement”).

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