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(영문) 서울북부지방법원 2015.03.24 2014나1629
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 27, 2010, a major comprehensive construction company (hereinafter “large comprehensive construction company”) contracted for construction of 09-Ban-15 facilities (2) (hereinafter “instant facilities construction”) from the central management body of the air force to KRW 3,503,627,300 of the construction cost, and the Plaintiff (mutual joint stock company prior to the alteration) was awarded a subcontract for the said construction of the machinery facilities from the major comprehensive construction on March 10, 2010 to the construction period of KRW 510,00,000, and from March 10, 2010 to December 28, 2010.

B. On May 3, 2011, when the construction of the said facility was performed, the major comprehensive construction had waived the construction on May 3, 201, and the central management body of the Air Force, on June 22, 201, issued a contract by setting the period from June 22, 201 to January 26, 201, for the remaining construction cost of the said facility to the Defendant as KRW 1,510,00,000 (the remainder of the construction cost has been increased to KRW 1,513,407,60 on November 24, 201) and the construction period from June 22, 2011 to January 26, 2012.

C. On June 30, 201, the Plaintiff concluded a subcontract agreement (hereinafter “instant subcontract agreement”) with the Defendant and the said machinery and equipment construction cost of KRW 288,260,000 as the construction cost, and from July 1, 201 to January 26, 201, the amount of KRW 110,000 as advance payment, within 15 days from the date of receipt of the object completed, the price adjustment and payment due to a design change, economic situation change, etc., within 30 days from the date of receipt of the object completed, and within 15 days from the date of receipt of the order.

The Defendant paid to the Plaintiff KRW 110,000,000 for advance payment, and KRW 69,600,000 for progress payment on September 9, 2011, respectively, on July 1, 2011.

E. On December 20, 2011, the Defendant completed the instant construction. The Air Force Central Management Body shall settle the construction amount on the same day and reduce the Defendant from KRW 1,513,407,60 to KRW 44,226,20 ( KRW 15,986,174 in the case of the relevant mechanical construction) by 1,469,181,40.

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