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(영문) 서울중앙지방법원 2015.09.04 2014가합589515
공사대금
Text

1. A, the joint management of the Defendant Rehabilitation Obligor Construction Co., Ltd., and B, the United States, the Plaintiff, 502,297.

Reasons

1. The circumstances leading to the request in this case;

A. On January 31, 2007, the Public Procurement Service under the Defendant’s Republic of Korea awarded a contract for the construction work of the road construction work (hereinafter “instant construction work”) to the Ulsan Construction Co., Ltd. (hereinafter “ Ulsan Construction”) with the Ministry of Construction and Transportation as the Daejeon Regional Land Management Office for the total cost of KRW 74,57,571,000 on the total cost of the construction work of the Dongdong-Jung (hereinafter “Suld Construction”).

(hereinafter “instant prime contract”). B.

Ulsan Construction subcontracted to the Plaintiff on February 25, 2013 in KRW 13,039,400,000 of the contract amount and KRW 1,614,800,00 of the packing work, respectively, for the soil and structures construction during the instant construction work.

(hereinafter “each of the instant subcontract”). On March 12, 2014, the Plaintiff and Ulsan Construction changed the contract amount of the soil and structure construction among each of the instant subcontract to KRW 14,377,00,000, and the contract amount of the packaging construction to KRW 1,579,60,000.

C. On October 22, 2014, Ulsan Construction was decided to commence rehabilitation procedures by Seoul Central District Court 2014 Gohap175, and was decided to authorize the rehabilitation plan on July 1, 2015.

The Defendant Republic of Korea paid the 22 minutes of the instant construction project and the 23-minute progress payments to the Ulsan Construction, but the Ulsan Construction did not pay some of the progress payments to the subcontractors.

Accordingly, Defendant Republic of Korea sent to Ulsan Construction an official letter stating that “I will obtain the seal of each subcontractor to pay the subcontract price in a direct manner from the 24-time demand for progress payment, and then claim the progress payment and then claim the progress payment.”

E. Defendant Republic of Korea paid to the Plaintiff only KRW 425,70,000 out of the total amount of progress payment for the portion that the Plaintiff performed from June 29 (29) to September 32 (32) under each of the instant subcontract agreements, and the Plaintiff did not receive the remainder construction cost of KRW 481,580,000.

F. On October 23, 2014, the Plaintiff paid a subcontract price directly to the Daejeon Regional Land Management Office under the jurisdiction of the Defendant Republic of Korea.

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