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(영문) 울산지방법원 2016.08.10 2016가단54390
추심금
Text

1. The Defendant’s KRW 20,592,00 for the Plaintiff and the following: 5% per annum from April 12, 2016 to August 10, 2016.

Reasons

1. Basic facts

A. On May 25, 2010, the Plaintiff was jointly awarded a contract for the construction work in the Southern Metropolitan City Section 5,713,900 (hereinafter “the instant construction work”) from Ulsan Metropolitan City to the principal contractor with the Cranto Co., Ltd. (hereinafter “Cranto”), setting the Plaintiff as the principal contractor, and the Crantoto as the sub-contractor, respectively, for the construction work in the Southern Metropolitan City Section 5,713,90 won.

B. The part of the construction project that the Plaintiff received is equivalent to KRW 374,632,590 (68.65%) out of the construction cost due to civil engineering works, packing works, and stone storage works, and the part of the construction project that the Plaintiff received is equivalent to KRW 171,081,310 (31,35%) due to the waterworks and sewerage works.

C. The Plaintiff agreed to collectively subcontract the part of the Plaintiff’s supply and demand among the instant construction works to the Pacific building, and the Pacific building performed the entire construction works of this case.

On the other hand, the French case re-subcontracted the cost of the asphalt package work among the instant construction work with the Defendant at KRW 22,800,000 (excluding value added tax) and re-subcontracted the road boundary stone, tea-wise color, mixed aggregates, and auxiliary aids-to-story construction work (including this construction work, etc., referred to as the “ice package construction work, etc.”), thereby receiving a larger amount of construction cost from the Ulsan Metropolitan City.

E. In addition, the French case decided to prepare a separate subcontract agreement under the agreement with the Plaintiff so that the Defendant can directly receive the construction cost from Ulsan Metropolitan City, and accordingly, the French case prepared a subcontract agreement between the Defendant and the contractor and the Defendant as the contractor and the Defendant as the contractor for the work cost of KRW 71,700,000 (excluding value-added tax).

F. Meanwhile, after the advance payment was made from Ulsan Metropolitan City, the Plaintiff paid KRW 39,435,00 (including value-added tax) to the Defendant on December 23, 2010 under the name of the Plaintiff, and thereafter the Ulsan Metropolitan City on February 28, 2011.

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