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(영문) 서울중앙지방법원 2013.12.11 2012가단312172
공사대금
Text

1. The Defendant’s KRW 76,450,00 and KRW 38,225,00 among them shall be KRW 38,225,00 from August 1, 2012, and KRW 38,225,00.

Reasons

1. Basic facts

A. The Ycheon Military Co., Ltd. (hereinafter “Tcheon Military Co., Ltd.”) was awarded a contract from the Republic of Korea for the construction of military installations at the Army located in the Seocheon-gun, Gangwon-do, and subcontracted the said construction to the Defendant.

B. On June 10, 2012, the Defendant further subcontracted the said subcontracted work to the Horse Industry Construction Co., Ltd. (hereinafter “SP”), and the Horse Industry subcontracted the supply and installation of the main equipment (hereinafter “instant construction”) to the Plaintiff at KRW 76,450,000.

C. 1) However, as the management of the relevant competition industry becomes worse, the Plaintiff suspended construction due to concerns that it would not receive the payment. Accordingly, on June 28, 2012, the relevant competition industry issued a letter of commitment to payment of equipment and construction cost to the effect that the Plaintiff would pay the payment of the construction cost in installments to the Plaintiff through a written statement of direct payment. The Defendant prepared a document stating that “the case of a request for direct payment of the Plaintiff’s construction cost to the Plaintiff” among the construction cost in the future, the part of the Defendant’s future construction cost, “The 38,225,000 won out of the construction price in the instant case, until July 15, 2012, shall be paid up to August 30, 2012.”

3) On June 29, 2012, the Defendant agreed on the payment of the construction price by signing on the “case of request for direct disposition of direct disposition of direct expulsion from the military base H and I regions of the Army, the military base facilities H and I regions.” D. The Plaintiff resumed the instant construction after having received the said signature from A, and concluded it before July 10, 2012. [Grounds for Recognition] The Plaintiff did not dispute with the fact that there is no dispute, evidence Nos. 3 through 6 (including each number, and the purport of the entire pleadings).

2. Determination as to the cause of action

A. The plaintiff alleged by the parties seek payment of the above construction cost of KRW 76,450,00 and damages for delay against the defendant, while the defendant also seeks payment to the plaintiff within the extent of the amount payable to the relevant competitive industry.

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