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(영문) 광주고등법원(전주) 2016.07.14 2015나1111
공사대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The plaintiff is a corporation whose business purpose is reinforced concrete construction business, etc., and the defendant is a corporation whose business purpose is civil engineering, construction business, etc.

B. 1) The Plaintiff and the Defendant entered into a subcontract and carried out construction works between the Plaintiff and the Defendant: (a) around 2012, the Defendant was awarded a contract from the Republic of Korea for a new construction works B from the Republic of Korea; and (b) the Plaintiff and the said new construction works are

(1) On June 13, 2012, the first subcontract was entered into with respect to the contract amount of KRW 1,031,908,908,319, and the period of construction from June 13, 2012 to July 31, 2012, and the first subcontract was entered into with respect to September 25, 2012 as KRW 1,199,620,000, and the period of the completion of the construction period was changed to September 25, 2012; the second subcontract was entered into with respect to the contract amount of KRW 1,154,80,00 on the same day; and the period of construction from September 25, 2012 to November 5, 2012 (hereinafter referred to as the “instant subcontract”).

(2) On December 11, 2012, when the Plaintiff continued the instant construction, the Plaintiff ceased to do so, and thereafter, the Defendant directly proceeded with the remainder of the instant construction and completed the construction on August 2, 2013.

C. The Defendant paid the Plaintiff KRW 280,000,00 on May 31, 2012, and KRW 90,000,00 on June 4, 2012, and KRW 280,000,000 on September 4, 2012. Upon the Plaintiff’s request, the Defendant directly paid KRW 63,00,000 to the Plaintiff’s labor employees on December 31, 2012 (=2), and the Defendant directly paid KRW 63,00,00,000 to the Plaintiff on July 27, 2012, KRW 200,00,000 on August 31, 2012 (i.e., KRW 190,000,000,000,000 on August 30, 200, 206; and (ii) the Defendant directly paid KRW 663,60,64,607,2000.6.7

3 Around January 29, 2013, the Plaintiff requested the Defendant to make a direct payment of labor cost of KRW 158,792,225 to the Plaintiff’s labor personnel. The Defendant on January 29, 2013.

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