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1. The Defendant’s KRW 250,271,200 as well as 6% per annum from February 1, 2013 to February 14, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. (1) The Plaintiff is a person who operates a gas station under the trade name of “C” (the name of business registration is D, the Plaintiff’s wife).
(2) The defendant is the original contractor of the "F Corporation" implemented in Busan District E, and the "F Corporation" is the subcontractor of the construction project.
B. The Defendant’s construction contract, etc. (1) was awarded a contract with the Busan Urban Corporation around 2010 for the “F Corporation.”
(2) On November 4, 2010, the Defendant, among the above-mentioned construction works, subcontracted the construction cost of KRW 3.7 billion (the construction cost of KRW 6.85 billion thereafter), ② on February 22, 2012, the construction cost of KRW 4.95 billion for soil works of KRW 2-1 district around February 22, 2012; ③ on September 24, 2012, the construction cost of KRW 1.023 billion for soil works added to the 1 district (hereinafter “instant construction works”).
C. (1) On October 18, 2010, the Plaintiff requested the Plaintiff to supply oil at the construction site of this case, and from that time, supplied oil at the construction site of this case.
(2) On September 7, 2012, the Plaintiff received a claim for the construction price of KRW 360,506,221 against the Defendant for the transfer of the said claim, and demanded the Defendant to pay the said transfer of claim, but revoked the said transfer of claim. The Plaintiff directly received KRW 489,317,833 in total from the Defendant during the period from September 28, 2012 to December 18, 2012.
(3) The amount of oil that the Plaintiff failed to supply to the instant construction site from November 2012 to January 31, 2013 is KRW 357,530,300 in total (including KRW 132,196,608 in part of November 2012 + KRW 154,785,966 in December + KRW 70,547,726 in January 2013 and value-added tax).
(1) On January 23, 2013, the Defendant’s termination of the construction contract, etc. (1) concluded that the subcontract was terminated on the ground that the instant construction project was not smoothly undertaken.