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(영문) 의정부지방법원 2018.01.24 2017가단5648
공사대금
Text

1. The Defendant’s KRW 18,307,688 as well as the Plaintiff’s KRW 6% per annum from March 24, 2017 to January 24, 2018.

Reasons

1. Facts of recognition;

A. On August 26, 2014, the Defendant was awarded a contract for the 832,492,728 won of the construction cost (excluding value-added tax; hereinafter the same shall apply) with respect to the renovation and repair work of the Macheon General Sports Complex (hereinafter “instant construction”) from Macheon-si, and subcontracted the entire construction cost of the instant construction to the Plaintiff, who is an affiliate of the Mapller General Construction Corporation (hereinafter “Mas Integrated Construction”) around early October 2014, the Defendant subcontracted the instant construction amount of KRW 730,00,000 to the Plaintiff, who is an affiliate of the Mass Integrated Construction Corporation (hereinafter “Mas Integrated Construction”). In order to avoid the restriction on the Mas Integrated Subcontract at the time, the subcontract was prepared individually with

(At that time, only the plaintiff signed a letter of contract of construction made retrospectively on September 2, 2014. (b)

Meanwhile, based on the final estimate of the Plaintiff’s preparation on October 7, 2014, the Plaintiff and the Defendant calculated by subtracting the said subcontract price from KRW 832,49,370,348, the remainder of KRW 33,122,380, such as insurance premiums, from KRW 832,49,492,728, based on the final estimate of the Plaintiff’s preparation.

was finally determined to reduce the amount.

(C) The phrase “730,000,000 won of the construction agreement concluded between both parties is not the actual construction cost.”

After that, according to the Defendant’s first process of the instant construction, upon the Defendant’s request for the implementation of civil engineering and reinforced concrete construction (hereinafter “instant steel container construction”), the Plaintiff started the construction of the instant steel container construction around October 10, 2014, and thereafter, there was a conflict between the Plaintiff, the Defendant, and the Plaintiff and the Plaintiff regarding the preparation of a formal subcontract agreement, advance payment, resolution of provisional seizure against claims, etc., among the instant steel container construction, and the execution of the instant steel container construction was suspended around December 25, 2014.

In the meantime, on January 2, 2015 and January 14, 2015, the Plaintiff sent each content-certified mail demanding the Defendant to pay the payment of the price under the name of flus comprehensive construction company, which is another affiliate company. On January 21, 2015, the Plaintiff is KRW 45,39,541 (including value-added tax).

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