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1. The Defendant (Counterclaim Plaintiff) paid KRW 6,712,190,140 to the Plaintiff (Counterclaim Defendant) and its related amount from January 23, 2015 to September 30, 2015.
Reasons
1. Basic facts
A. Conclusion of a contract for “A Complex Construction Works” [general terms and conditions of the contract for construction works] Article 36 (Transfer of Claims] (1) “B (hereinafter the same shall apply] may not assign to a third party any bonds (right to claim the cost of construction) arising under this contract except for the purpose of performing the construction works.
(2) Where "B" intends to transfer its obligations, it shall obtain written approval from a guarantee agency (including a joint and several surety if a joint and several surety exists) in advance with the consent of the guarantee agency (including a joint and several surety).
(3) The term "A" shall notify in writing the person who intends to acquire the credit of "B" and the person who intends to acquire the credit of "B" with respect to a request for approval for the transfer of the credit of "B"
Article 40 (Matters of Special Agreement) (3) The manager for the performance of the contract "B" shall be the plaintiff.
3. Claims for progress payment shall be filed on the basis of the end of each month in accordance with the equity ratio in “B”.
1) 원고는 토목건축공사업 등을 목적으로 하는 주식회사, 피고는 토목, 건축 건설업 등을 목적으로 하는 주식회사로서, 원고와 피고는 공동수급체를 구성하여(이하 ‘이 사건 공동수급체’라고 한다
(B) September 8, 2006 (hereinafter “B”)
B) The construction cost: 614,188,600,00 won (excluding value-added tax), the construction period: 45 months from the date of commencement, the shares in the construction: the Plaintiff (70%) and the Defendant (30%) respectively; and the construction of a complex A complex in the block in the A housing site development zone located in the Sc1-1, Cc1-1, Cc1-2-1, and the Defendant (30%).
2) The construction contract of this case was contracted (hereinafter “instant construction contract”).
The general terms and conditions of the construction contract for the instant construction project are stipulated as follows. (2) B is a company incorporated on April 23, 2004 for the purpose of constructing and operating a PF project for a district complex complex complex, and B’s share ratio (i) at the time of its incorporation.