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(영문) 청주지방법원 2014.05.15 2013가단6988
양수금
Text

1. The Defendant’s KRW 670,100 as well as the Plaintiff’s annual rate from March 30, 2013 to May 15, 2014.

Reasons

1. Basic facts

A. The Defendant subcontracted two construction works (hereinafter collectively referred to as “each of the instant construction works”) to Bosung Development Co., Ltd. (hereinafter “ Bosung Development”) with the following contents:

(1) On May 7, 2012, the subcontract date: (2) The construction period: From May 7, 2012 to June 28, 2013; (3) the construction cost: 1,468,706,800 won (2) the central one-treated waterworks and sewerage construction works (hereinafter referred to as "Chuncheon construction works") in the Chuncheon City Sewage culvert Maintenance Project. (2) The construction period from June 7, 2012 to January 31, 2015: 2,652,904,144 won;

B. When the construction work is interrupted due to the failure to pay the construction cost and wages to the sub-subcontracts and workers while the construction work was in progress, the Defendant made an agreement with the development of Bosung (hereinafter “instant direct payment agreement”) as follows.

(1) On the macroscopic construction (date of agreement: August 31, 2012), ① Boscopic development agrees that the Defendant shall directly pay the same construction cost to the creditors of Boscopic development, within the limit of the construction cost that the Defendant should pay to Boscopic development with respect to all the expenses, such as the input cost, labor cost, material cost, equipment cost, and other expenses incurred in Boscopic development, within the limit of the construction cost that the Defendant should pay to Boscopic development.

② The above construction cost includes not only the construction cost that has occurred as of August 31, 2012 but also the construction cost that may arise in the future.

(2) Regarding Chuncheon Construction (Agreement date: September 17, 2012) (1) within the extent of the claims (subcontracts) that the Defendant should pay to Bosung Development for all the expenses, such as the overdue labor cost, material cost, equipment cost, and other expenses incurred at the site of Bosung Development.

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