Text
1. The Defendant’s KRW 10,000,000 for the Plaintiff and 14.5% per annum from August 21, 2014 to January 21, 2015.
Reasons
1. Basic facts
A. The parties concerned are corporations whose purpose is soil construction business, reinforced concrete construction business, etc., and the defendant is a corporation with the purpose of civil engineering, construction work, housing construction business, etc.
On March 30, 2009, the Plaintiff entered into a contract with Jeju and the Defendant for construction works with the content that “A Urban Development Project Infrastructure Corporation (two sections)” which was ordered by Jeju together with the Defendant on March 30, 2009 shall be the contract amount of KRW 17,808,832,00, and the construction period from April 6, 2009 to August 5, 2012, and entered into a joint supply and demand agreement with the Defendant on April 21, 2010.
B. During the construction of the instant construction contract, the original contractor and the Defendant were performing the said “A Urban Development Project Infrastructure Work (2 Sections)”, with respect to the construction of the Korea Electric Power Corporation and the Korea Electric Power Corporation on June 25, 2010 in the site (hereinafter “instant construction work”), Article 3 (Restriction, etc. on Electrical Construction Business) of the Electrical Construction Business Act (hereinafter “the Electric Construction Business Act”), which is a Jeju-do enterprise and is a Jeju-do enterprise, is prohibited from contracting or executing the said construction
Provided, That this shall not apply to minor electrical construction prescribed by Presidential Decree.
(2) Notwithstanding the main sentence of paragraph (1), any of the following persons may directly conduct electrical construction on his/her own demand, as prescribed by Presidential Decree:
3. A contract for construction works was concluded by including B Co., Ltd. (hereinafter referred to as “B”) holding a person who obtained permission pursuant to Article 7(1) of the Electric Utility Act, by means of a joint performance of three companies.
C. On August 18, 2010, the Plaintiff, Defendant, and three companies entered into the instant joint supply and demand agreement, and the main contents thereof are as follows.
Article 1 (Purpose)
1. Construction name: Class A urban development project installation works (2 tools and civil engineering);
2. Contract amount: 1,056,615,000 (including VAT);
3. The name of the ordering person: Article 3 (Method of Executing Construction Works) of the Jeju Special Branch of Korea Electric Power Corporation.