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Reasons
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(영문) 울산지방법원 2011.12.15 2010가합8507
구상금
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1. The Defendant’s KRW 486,920,283 as well as the Plaintiff’s annual rate from November 1, 201 to December 15, 201.

Reasons

1. Basic facts

A. On July 2010, the Plaintiff contracted the “A” construction amount of KRW 758,00,000 from the KS Construction Co., Ltd. (hereinafter “SK Construction”) to the Defendant on August 3, 2010, and agreed that the construction of facilities and pipes during the said construction (hereinafter “instant construction”) was subcontracted to the Defendant on August 3, 2010.

(1) Construction cost: 324,00,000 won (excluding value-added tax). (2) The period of construction: From August 10, 2010 to October 30, 2010.

B. After that, the Plaintiff and the Defendant reduced the construction cost by 263,178,500 won (i.e., the first construction cost of KRW 324,00,000,000- Piping material cost of KRW 18,721,500,500, 14,500,000 for the first construction cost of Piping material cost of KRW 14,50,00 for the head of the instant construction contract, and the room and lodging cost of KRW 15,00,000 for the public service cost of KRW 12,60,000,00 for the board and lodging cost of KRW 12,60,00,00 for the public service cost of KRW

C. From August 10, 2010 to the Plaintiff, the Defendant claimed KRW 141,90,000 for the fixed construction cost of August 10, 2010 to the Plaintiff. On October 27, 2010, the Plaintiff paid KRW 132,00,000 to the Defendant (including surtax).

As between October 25, 2010 and November 6, 2010, the Defendant, in addition to the instant construction, performed a brick construction work; (i) additionally performed the production and installation of Gas Fire Spool, Y-D 501 Strucure production and installation works; and (ii) the construction cost recognized in EM construction is KRW 81,565,00 in total.

E. On November 6, 2010, the Defendant discontinued the instant construction work. With the Defendant’s consent, the Plaintiff directly paid to the employees who had been performing the said construction work on behalf of the Defendant KRW 579,64,90, and labor cost of KRW 110,382,00, and KRW 34,320,90, and KRW 724,347,893 (hereinafter “labor cost, etc.”).

(f).

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