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(영문) 대전지방법원 서산지원 2018.02.22 2016가합51094
공사대금
Text

1. The Defendant’s KRW 277,044,547 as well as 5% per annum from October 21, 2016 to February 22, 2018 to the Plaintiff.

Reasons

1. CD Co., Ltd. (formerly: E Co., Ltd.) for Defendant F Co., Ltd., Ltd., the person placing an order (formerly subcontracted) with the fact of recognition;

A. The relationship of the company involved in the instant case is as follows:

(hereinafter referred to as "stock company" is omitted in entirety). (B)

On February 9, 2015, the Defendant received a subcontract from D, the contractor of “G Corporation”, which was ordered by C on February 9, 2015, with the period of construction from February 9, 2015 to June 30, 2015 (which was extended to October 31, 2015), with the construction cost of KRW 3,592,436,454 (including value-added tax; hereinafter the same shall apply). At that time, the Defendant re-subcontracted the Plaintiff by determining that the payment was made directly by the Defendant for the same construction period, construction cost of KRW 3,232,350,00 (which was 90% of the construction cost, there was no advance payment, and the remainder of the construction cost of KRW 10 per cent from the business owner, within three business days after the payment from the Defendant of the intermediate payment, and within the end of the following month after the completion / completion permission).

(hereinafter referred to as “instant sub-subcontract”) C.

On April 10, 2015, the Plaintiff and the Defendant changed the construction cost of the instant sub-subcontract into KRW 3,187,800,000, and the Plaintiff completed all construction works under the said sub-subcontract (hereinafter “instant construction works”).

Meanwhile, according to D’s instruction, the Plaintiff is deemed to be the Corporation.

(D) The Defendant and D have implemented the project. Accordingly, the Defendant and D have increased their subcontract price in KRW 909,636,312, including the Fireing, by 4,502,072,766.

E. In addition, ① of the instant case, apart from the Corporation, the Plaintiff is deemed to be another additional construction (hereinafter “instant construction”) according to D’s instruction, and when the said construction is collectively referred to.

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