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(영문) 창원지방법원 2017.10.26 2015가합1833
추심금
Text

1. The Defendant: (a) KRW 295,261,151 to the Plaintiff; and (b) KRW 6% per annum from July 7, 2015 to October 26, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 29, 2012, the Defendant, Korea Construction Co., Ltd. (hereinafter “Korea Construction”) concluded a contract with Korea Construction Co., Ltd. (hereinafter “Korea Construction Co., Ltd.) for the construction of the ground neighborhood living facilities B (hereinafter “instant construction”). The construction period from January 20, 2013 to October 21, 2013, with construction cost of KRW 2,519,000 (including value-added tax; hereinafter the same shall apply) and the construction cost of KRW 1/100 per day, with the agreement between the Defendant and Korea Construction Co., Ltd. (hereinafter “Korea Construction”) changed to KRW 3,027,279,200.

B. While the construction of the instant construction was completed on January 21, 2015, the construction cost of the instant construction was not paid KRW 709,201,151 (the construction cost of KRW 1,201,370,253) from the Defendant; KRW 217,964,102 for delay compensation; KRW 45,583,00 for delay compensation due to defect repair and non-construction; KRW 33,683,00 for damages due to non-construction; KRW 191,96,00 for damages due to non-construction; KRW 196,00 for non-construction; and KRW 2,973,00 for the Defendant’s direct construction of the instant construction; the Plaintiff did not receive construction cost of the instant construction from the subcontractor (hereinafter “the Plaintiff, including the Plaintiff, was not paid construction cost of the instant subcontracted construction work”). In addition to the Plaintiff’s construction work, the Plaintiff was not considered as the subcontractor’s subcontractor’s construction work cost of the instant construction.

C. Accordingly, among the instant sewage suppliers on April 25, 2015, the Defendant and Korea Construction Co., Ltd. (hereinafter “Jin Construction”), Joint Steel Co., Ltd. (hereinafter “Joint Steel”), Samcheon Steel Co., Ltd. (hereinafter “Joint Land Co., Ltd”), Samcheon Co., Ltd. (hereinafter “Joint Land Co., Ltd”), C, and Construction Co., Ltd. (hereinafter “Building Co., Ltd”), D, and D.

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