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Reasons
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(영문) 전주지방법원군산지원 2015.03.26 2014가합11118
직불합의에 기한 하도급대금청구
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1. The Defendant’s KRW 81,88,10 for the Plaintiff and the Plaintiff’s 5% per annum from August 5, 2014 to March 26, 2015, and the following.

Reasons

1. Facts of recognition;

A. On February 14, 2014, the Plaintiff entered into a subcontract and entered into direct payments agreements on the subcontract, on which it was awarded a subcontract price for the high Dadong Construction Co., Ltd. (hereinafter referred to as “Dong Construction”), Ilsung Construction Co., Ltd. (hereinafter referred to as “Japan Construction”), a limited liability company (hereinafter referred to as “Gwandong”) and the Dodong Construction Co., Ltd. (hereinafter referred to as “Gwansan Construction”) directly to the Plaintiff (hereinafter referred to as “this case’s direct payments agreement”) with the Dasan Construction Co., Ltd. (hereinafter referred to as “Dasan Construction”) in order to pay the subcontract price for the 1,975,000,000 construction cost, and on February 14, 2014, the Dasan Construction Co., Ltd., Ltd. (hereinafter referred to as “Dasan Construction”) directly to the Plaintiff.

B. After the alteration of the subcontract and the completion of the instant construction, the Plaintiff changed the construction price from KRW 1,975,00,000 to KRW 2,331,00,00 (hereinafter “instant modified contract”) on April 24, 2014 to KRW 2,331,00,000 (hereinafter “instant modified contract”) and notified the Korea National Land Management Agency of this fact on May 23, 2014.

On the other hand, the Plaintiff completed the completion inspection of the instant construction on May 19, 2014.

C. The Ministry of Land, Infrastructure and Transport paid the Plaintiff the subcontract price of KRW 1,975,00,000 for the subcontract price prior to the conclusion of the instant modified contract, and KRW 356,00,000 for the increased subcontract price ( KRW 2,31,000,000 for - 1,975,000 for 1,00,000 for the total amount of KRW 202,920,920 for the construction and the progress payment for the mine area, and KRW 2,17,920,00 for the total amount of KRW 2,17,920 for the construction project, but did not pay KRW 153,080 for the completion payment for the construction project.

On April 24, 2014, the debtor (17.6 billion won) applied for the commencement of rehabilitation procedures on April 24, 2014 on the ground that the debtor (17.6 billion won) is in a financial liquidity crisis significantly exceeding the assets (8.4 billion won).

The court shall make September 19, 2014.

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