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(영문) 인천지방법원 2014.06.11 2013가합13074
하도급대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On May 2, 2012, the Defendant subcontracted the ALshch, Changho, Camping and punching construction among the new construction works for the National Marine Biological Resource Center (hereinafter referred to as “PP”) to Chungcheongnam-gun Co., Ltd. (hereinafter referred to as “PP”), and the Plaintiff entered into a contract for material supply to supply the construction materials to the Chungcheongnam-gun Public from September 1, 2012 to July 31, 2013.

On April 30, 2013, the Defendant terminated a subcontract to the Chungcheong Public Government on the grounds of the issue of unpaid payment with the subcontractor, the issue of delay of construction, etc., and notified the amount of KRW 4,152,500,000, which was paid directly to the Chungcheongnam Public Administration among them, KRW 3,740,000, the amount of which was paid directly to the subcontractor, and the amount of which was reserved as paid directly or scheduled to be paid directly by the subcontractor, as of December 31, 2012, KRW 165,00,000 for progress payment as of December 31, 2012, and KRW 247,50,000 for progress payment as of January 31, 2013, and KRW 412,50,000 for total of KRW 412,50,000.

The details of the subcontract price that the Defendant directly paid from the Chungcheong public subcontractor for the instant project are as follows: The subcontract price shall be 56,59,000 won on March 15, 2013; 20. 36,245,000 won on March 15, 2013; 20. 36,45,00 won on March 36, 2013; 20. 4. 10,00 won on March 15, 2013; 3. 10,45,00 won on March 27, 2013; 20. 4. 10,00 won on March 15, 2013; 3. 205,00 won on May 13, 2013, 205, Co., Ltd.:

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