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(영문) 서울중앙지방법원 2018.12.13 2016가단15363
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 102,30,000 and the interest rate of KRW 15% per annum from February 25, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. The Defendant and C Co., Ltd. (hereinafter collectively referred to as the “Defendant et al.”) were the joint contractors around October 2013 (the investment ratio of Defendant 80%, C Co. 20%, and the representative Defendant Co., Ltd) determined and awarded a contract for the new E-construction work located in Yangsan City as the contract price of KRW 8,064,406,00.

B. On August 28, 2014, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant, etc. with respect to the interior finishing work during the said new construction project (hereinafter “instant subcontracted project”) by setting the contract amount of KRW 990,000,00 and the period from August 28, 2014 to February 5, 2015 (hereinafter “instant subcontract”). At that time, between the Defendant, etc. and the Korea Design Agency, the ordering person, and between the Plaintiff, etc. and the Defendant, etc., the Plaintiff, etc., agreed to pay the subcontract amount directly to the Plaintiff who is the subcontractor pursuant to Article 35 of the Framework Act on the Construction Industry, Article 29 of the Enforcement Rule of the Fair Transactions in Subcontracting Act, Article 14 of the Enforcement Decree of the same Act, and Article 4 of the Enforcement Decree of the same Act, and the subcontractor’s obligation to pay the subcontract amount to the subcontractor shall be deemed to have been extinguished within the scope of Article 14 of the Fair Transactions in Subcontracting Act (hereinafter “instant agreement”).

C. On January 8, 2015, the Plaintiff entered into a contract to change the contract amount to KRW 994,400,000 with the Defendant, etc.

On February 5, 2015, the Plaintiff completed the subcontracted construction of this case, and the Defendant et al. completed the new construction of E around that time, and the Korea Institute of Design Promotion completed the completion inspection on the building of this case on February 16, 2015.

E. On September 2015, the Plaintiff entered into a subcontract completion settlement agreement with the Defendant, taking into account the additional construction works, design modification, etc. of the subcontracted project in this case, with the amount of construction completion settlement as KRW 1,096,70,000.

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