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(영문) 광주고등법원(제주) 2016.02.03 2015나917
공사대금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The plaintiff is a company that aims at electrical construction business, etc., and the defendant is a company that aims at civil engineering construction business, etc., and the co-defendant of the first instance court is a local government that has the Jeju Special Self-Governing Province as an administrative city under its jurisdiction.

B. On March 30, 2009, the Defendant and Jeju-si entered into a contract with the Defendant, etc. for construction cost of KRW 22,533,115,00 with respect to the Asian District Infrastructure Corporation (one construction section) during the construction period from April 6, 2009 to August 5, 2012. After that, the contents of the said contract were changed several times, and the construction cost was finally changed from April 6, 2009 to June 30, 201. The Defendant entered into a contract with the Plaintiff for construction cost of KRW 396,39,300 (including value-added tax, 154,000, and construction period of KRW 24,214,154,00, and from April 6, 2009 to June 30, 2013. The Defendant, on October 21, 2011, concluded a contract for construction period of KRW 396,39,000 (hereinafter referred to as “subcontract”).

The plaintiff, the defendant, the Jeju-si is called the "Act on Fair Transactions in Subcontracting" around November 201.

As a result, the Jeju Fair Trade Commission agreed to pay the subcontract price directly to the Plaintiff who is the subcontractor.

hereinafter referred to as the "direct payment agreement of this case"

E. On November 2013, 2013, the Plaintiff completed the subcontracted project in this case. The Plaintiff and the Defendant agreed to settle the subcontract price of KRW 381,150,000 in the middle of November 2013, hereinafter referred to as “instant settlement agreement.”

F. F. The Plaintiff paid the subcontract price of KRW 18,90,000 from the Defendant on April 6, 2012, and KRW 99,00,000 from the Jeju date, and KRW 11,386,00 on January 3, 2013, and KRW 11,386,00 on February 12, 2013, and KRW 60,014,00 on June 26, 2013.

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