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(영문) 인천지방법원 2017.05.30 2015가합59524
하도급대금 청구의소
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) the full amount of KRW 276,94,480 and its payment from February 24, 2017.

Reasons

1. As to the main claim

A. Plaintiff’s assertion 1) The Plaintiff entered into a subcontract with the content that the household offered by the Defendant is to be built in an apartment, and due to defects in the household offered by the Defendant, the construction period has been extended from January 1, 2015 to March 31, 2015, which is the date following the date of completion of the contract, and accordingly, the construction period has been extended from March 31, 2015, and there was an additional wage of KRW 324,760,000 for the human body employed by the Plaintiff. 2) The Plaintiff, separate from the above subcontract, performed an additional construction work at the Defendant’s request, and the additional construction cost is KRW 38,80,0

3) On March 31, 2015, when the defendant and the above construction were to be terminated, the rate of height as of March 31, 2015 is 85%. The plaintiff was paid 453,00,108 won directly from the defendant as the above construction cost. Since the defendant had the defendant pay 93,940,00 won directly to the persons employed by the plaintiff, the defendant is not obligated to pay the plaintiff the construction cost of 340,581,881 won [the construction cost of 493,00,000 won (the construction cost of 580,000,000 won x 0.85% of the agreed construction cost of 324,760,000 won - the additional construction cost of 546,94,108,000 won and damages for delay of construction work of 305,000,0000 won (the construction cost of 38,000 won) and 31,096.1.2].2

The Plaintiff directly received KRW 453,00,108 from the Defendant as a construction cost under the instant subcontract agreement, and the Defendant agreed with the Plaintiff.

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