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1. The Defendant: (a) KRW 302,132,400 for the Plaintiff and KRW 20% per annum from April 7, 2015 to September 30, 2015; and (b) for the Plaintiff.
Reasons
1. Basic facts
A. On December 11, 2013, the Defendant entered into a contract for the construction of the Category B (including value-added tax) with the Gangnam-si Construction Co., Ltd. (hereinafter “Sast Construction”) on the construction period from December 20, 2013 to October 20, 2014 with respect to the construction of Category B (hereinafter “instant construction”).
B. On January 2, 2014, the Minister of Land, Infrastructure and Transport entered into a subcontract with the Plaintiff on the construction period of civil engineering works (including value-added tax) during the instant construction period from January 6, 2014 to May 30, 2014; and the construction cost of KRW 677,60,000 (including value-added tax).
On January 2, 2014, the Plaintiff and the New Construction drafted a direct payment agreement (Evidence 3 of the A) between the Defendant and the Defendant that “When the contractor(s) requests the subcontractor(s) to pay the subcontract price directly to the subcontractor(s) when specifying the construction cost.”
C. The Plaintiff, according to the said subcontract, proceeded with the construction of provisional facilities during the civil works, requested for KRW 254,100,000 for the first time period from February 22, 2014. On March 29, 2014, the Plaintiff completed the construction of provisional facilities even before the floor horizontal work, which is the final stage of the construction of provisional facilities, among the civil works, and filed a claim for KRW 356,40,000 for the second time period from March 31, 2014.
On March 31, 2014, the Plaintiff issued a tax invoice on KRW 610,500,000 (the amount excluded from the cost of dismantling the facilities) in total for each of the above period of construction. D.
The instant construction was discontinued by the Defendant at the immediately preceding stage of construction work, after completion of the Blim concrete principal construction work by a structural building around the end of April 2014.
E. In order to resume the instant construction by obtaining a loan from a financial institution, the Defendant requested a company construction agreement to resume the instant construction project, and as a result of consultation with a company construction, on August 8, 2014, the contract price for the installation of a company construction was 913,00.