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Reasons
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(영문) 광주지방법원 2015.02.05 2013가합8634
구상금
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1. On the Plaintiff (Counterclaim Defendant),

A. Defendant C Co., Ltd. shall be KRW 122,3250,000,000 and its amount shall be from June 18, 2014.

Reasons

1. Basic facts

A. From March 6, 2012, the Plaintiff and Defendant B received a contract for the 810,000,000 won (79,792,980,000,000 won (79,79,792,980,000,000) for the construction work from the Jeonnam-do (hereinafter “instant construction work”) from the Jeonnam-do on March 6, 2012 (5,00,000,000) [the Plaintiff was awarded a contract for the soil work (51%); the Defendant was awarded a contract for the steel work (49% of the share ratio); Plaintiff 74.01% of the subcontract; Defendant B 82% of the value-added tax and the premium for the 4th premium).

B. The Plaintiff and Defendant B’s construction cost based on the actual progress rate for the instant construction project is KRW 155,577,00, and Defendant B is KRW 644,215,980.

this letter of conduct

1. The payment for completed portion in 2013 shall be administered in general by the Plaintiff.

3. Defendant C shall clearly divide the construction cost in 2012 into the payment and the payable amount and submit it in writing to the Plaintiff by April 4, 2013.

(Provided, That it is divided by process between the plaintiff and defendant B)

4. The Plaintiff and the Defendant C share on-site management expenses at 50:50 and disburse them on the last day of each month.

Certificates of Transactions

1. Personal information (the recipient): Defendant C;

2. The defendant C confirmed that the transaction was made between March 1, 2012 and March 27, 2013 in the course of subcontracting D Corporation, and that the amount was KRW 217,902,360 (including value-added tax) and the unissued tax invoice was received until April 9, 2013.

3. Joint and several confirmations of transaction: Defendant B.

4. Personal information: A plaintiff;

C. On April 2, 2013, the Plaintiff and Defendant B received an oral administrative measure from Jeonnam-do, the ordering authority, on the ground that payment of the price for the work is not made to the subcontractor, and the Plaintiff and the Defendant drafted a performance memorandum and a written confirmation of the fact of transaction (Evidence A7) as follows.

Defendant C is a limited liability company.

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