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(영문) 제주지방법원 2014.10.23 2013가합1170
공사대금
Text

1. The defendant shall pay 857,850,000 won to the plaintiff and 20% per annum from May 3, 2013 to the day of complete payment.

Reasons

1. Basic facts

A. On April 27, 2009, the Defendant and HyundaiMCo Co., Ltd. (hereinafter “NIM”) entered into a contract with Jeju Special Self-Governing Province (hereinafter “instant contract”) that entered into a contract with the Jeju Special Self-Governing Province for the construction work of Chocheon-dong in KRW 29,378,573,000 (hereinafter “instant contract”).

B. On March 2, 2010, the Plaintiff and Youngsan Co., Ltd. (hereinafter “Ysansan”) entered into a subcontract with the Defendant on the condition that the Defendant would receive a subcontract for construction period from March 2, 2010 to April 30, 2014 (hereinafter “instant subcontract”) for construction of soil and sand, reinforced concrete, and water supply and drainage works (hereinafter “instant construction works”) among the construction works of Chocheon-do roads that the Defendant contracted from Jeju Special Self-Governing Province (hereinafter “instant subcontract”).

On the other hand, on January 4, 2013, the total construction cost of the instant subcontract was changed to KRW 7,790,000.

C. On March 2, 2010, the Plaintiff entered into a subcontract agreement with the Defendant on the second portion of the construction work (the construction cost of KRW 3,846,810,000, the changed construction cost of KRW 3,095,350,000) with respect to the third portion of the construction work (the construction cost of KRW 2,104,000,000, the changed construction cost of KRW 2,264,000,000, and the changed construction cost of KRW 2,264,00,00,000), between the Defendant and the subcontract agreement on the fourth portion of the construction work (the construction cost of KRW 1,104,60,000,000, the changed construction cost of KRW 1,359,500,000,000), between the Defendant and the third party (the changed construction cost of KRW 30,350,000) and the subcontract agreement between the Defendant and the third party (253).

(C) The term “the instant separate contract” refers to the term “the instant separate contract,” and the term “each of the said contracts is 6,718,850,000 won in total (i.e., KRW 3,095, KRW 350,000 in total). Meanwhile, the term “the instant separate contract” refers to KRW 1,359,50,500 in total (i.e., KRW 3,095, KRW 350,000 in total).

The Plaintiff did not implement the construction work under the instant fifth contract, and from March 31, 2010 to March 2013, 2013.

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