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1. Defendant HT Construction Co., Ltd. shall pay to the Plaintiff KRW 28,561,925 as well as to the date of full payment from August 31, 2014.
Reasons
1. Basic facts
A. On May 27, 2009, the Open Railroad Co., Ltd. awarded a contract to Defendant Hyundai Construction Co., Ltd. for the construction of light cables for the construction of nuclear wires, and on May 27, 2009, Defendant Hyundai Construction Co., Ltd., subcontracted the construction of four tunnels (hereinafter “instant construction”) in the amount of KRW 18,656,00,00 among them, to Defendant Hyundai Construction Co., Ltd., Ltd., for the construction of light development (hereinafter “Yeong Construction”). The Defendant Keti Construction re-subcontracted part of the instant construction to the Young River Development Co., Ltd. (hereinafter “Yeung Development”).
B. On August 31, 2009, the Plaintiff entered into a contract for mining development and the supply of materials necessary for the instant construction and implemented the contract.
C. On March 3, 2010, he/she submitted a statement of direct payment for the construction price (A4) with the purport that “The construction company shall agree to deduct the Plaintiff’s amount of supplied materials from the original construction price for the mine development and pay it directly to the Plaintiff.” Accordingly, the construction company’s direct payment for materials was made from March 19, 2010 to the Plaintiff.
On May 29, 2012, Defendant HT Construction failed to comply with the scheduled process by delayed payment of material costs, etc., and Defendant Hyundai Construction demanded the normalization of the construction site by paying the material costs in arrears to Defendant HT Construction twice on June 2012.
In response to the failure of Defendant Litti Construction, around June 25, 2012, Defendant Hyundai Construction sent to Defendant Litti Construction a certificate of content that the instant subcontract agreement is terminated on the grounds of the violation of obligation to submit a performance guarantee, failure to solve the overdue amount of the transaction line, failure to conduct on-siteization, application for commencement of company reorganization proceedings, etc., and that this reached Defendant Litti Construction around that time.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 6 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings
2. The portion of the claim regarding the construction of defendant shipship
A. The Plaintiff’s assertion and mining development are the material cost to be paid by the mining development.