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1. The defendant shall pay to the plaintiff KRW 1,003,462,328 and KRW 737,109,010 among them. The defendant shall pay to the plaintiff full payment from August 10, 2012.
Reasons
1. Basic facts
A. On April 30, 2008, the Plaintiff entered into a subcontract agreement between the Plaintiff and the Busan High Court (hereinafter “instant construction”) with respect to the construction of sewage pipes and structures (civil engineering) from among the construction of sewerage facilities on the upstream of the Daecheon Dam that was contracted by the Environmental Management Corporation (hereinafter “the instant construction”).
corporation (hereinafter referred to as “the date of birth”)
(2) As to the contract amount of KRW 7,028,120,00 (including value-added tax), the period of construction from May 2, 2008 to September 28, 2010, the contract performance bond of KRW 10% and the period of completion from the date of commencement of the contract performance guarantee period to the date of completion of the contract performance guarantee period (hereinafter “instant subcontract”).
(2) Since then, the contract amount of the instant subcontract was changed to six times (four times of increase, two times of reduction) and the final contract amount is KRW 7,371,090,100 (including value-added tax). 2) The main contents of the instant subcontract are as follows.
“A” refers to the Plaintiff, and “B” refers to the work.
(3) With respect to other contracts contrary to the terms and conditions of this contract, the provisions of this contract shall take precedence over those of this contract.
Provided, That this shall not apply to the matters not provided for in this contract under Article 30 (Special Conditions) which are agreed upon by a special agreement between A and B on an equal basis.
Article 7 (Performance of Contracts and Guarantee for Payment of Contract Price) (1) A and B shall guarantee each other the performance of contracts and the payment of contract price in any of the following methods:
Provided, That where the payment guarantee of subcontract consideration is exempted pursuant to the Framework Act on the Construction Industry or the Fair Transactions in Subcontracting Act, mutual guarantee may not be provided.
(2) The guarantee between A and B under paragraph (1) shall be made by means of a cash payment or a delivery of a letter of guarantee under any of the following subparagraphs:
1. Construction mutual aid associations, specialized construction mutual aid associations, or guarantee insurance companies;