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(영문) 창원지방법원 2013.11.26 2012가단12408
공사대금
Text

1. The Defendant’s KRW 645,874 as well as the Plaintiff’s annual rate of KRW 5% from April 13, 2012 to November 26, 2013.

Reasons

1. Basic facts

A. Bosung Development Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) ordered a national comprehensive construction company to construct the new B apartment (hereinafter referred to as the “instant apartment”) located in Gyeongnam-gun and 3 lots.

B. As the construction of the apartment of this case was not properly executed due to the delay of construction by the national comprehensive construction, the construction of the apartment of this case was ordered to terminate the contract with the national comprehensive construction and directly execute the remaining construction.

On December 7, 2008, Bosung Development entered into a construction performance agreement (hereinafter “instant execution agreement”) with ten subcontractors, including the Plaintiff, C Co., Ltd., and the Hansung Construction Co., Ltd., which had been a major subcontractor of the construction, to pay the construction cost directly to the above subcontractor, by setting the total construction cost as KRW 1.5 billion.

2. Cases concerning the payment of the construction cost (1) mutually agreed construction cost shall be paid directly to the sewage supplier in cash or in large form.

② For the smooth completion of the new apartment construction in this case, the material price is to be directly treated as the manufacturing company with the consent of the sewage-supply company.

(4) A request for and payment of the subcontract price shall be made through E, the representative director of a C&D company, who is a subcontractor.

C. Afterward development and sewage companies decided to exclude the construction work from the subject enterprises of the instant implementation agreement. Accordingly, the construction work amount to be paid to the remaining seven sewage suppliers was the total of KRW 1,363,33,950, and among them, the construction work amount for the Plaintiff is the total of KRW 1,363,33,950.

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