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1. The Defendant’s KRW 124,860,561 among the Plaintiff and KRW 118,178,628 among the Plaintiff, 6% per annum from June 3, 2015 to August 11, 2017.
Reasons
1. Where the other party to a contract falls under any of the following subparagraphs, LH (the plaintiff; the same shall apply hereinafter) shall be directly paid to the subcontractor concerned by deeming that the other party to the contract has requested the subcontractor to pay the price referred to in Articles 39 and 40, with respect to the amount equivalent to the portion executed by the subcontractor among the subcontract concluded under the provisions of relevant Acts and subordinate statutes, such as the Framework Act on the Construction Industry, etc.:
2. Where the other party to a contract becomes unable to pay the subcontract price to the subcontractor due to bankruptcy, dishonor, suspension of business, revocation of license, etc. (1) LH may cancel or terminate the whole or part of the relevant contract if the other party to the contract falls under any of the following subparagraphs:
- the short door omitted-
2. Where construction is not completed by the deadline for completion or it is deemed impossible to complete the construction due to any cause attributable to the other party to the contract. (5) Where a contract is rescinded or terminated under paragraph (1), the other party to the contract shall repay the balance in addition to the agreement on the amount equivalent to the loan average interest rate of financial institutions making the most recent statistical monthly compensation announced by the Bank of Korea at the time of making a prior claim for prohibition of payment (the amount calculated according to the loan average interest rate of financial institutions making the most recent statistical monthly compensation
(6) In cases falling under paragraph (5), LH shall offset the balance of the advance payment and the amount payable as completed portion.
Provided, That if there is no certificate of payment of subcontract consideration under the Framework Act on the Construction Industry and the Fair Transactions in Subcontracting Act and it is required to directly pay the subcontract consideration under the provisions of Article 43 (1), the advance payment shall be made if there is a balance of the amount payable for the completed portion after the subcontract consideration is paid.