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(영문) 인천지방법원 2014.06.27 2013가합14190
공사대금 등
Text

1. The defendant,

A. 5% per annum from June 13, 2014 to June 27, 2014, and 5% per annum to Plaintiff A.

Reasons

1. Basic facts

A. On July 2012, the Plaintiff and the Defendant concluded a subcontract with respect to the instant provisional facilities construction work (hereinafter “instant provisional facilities construction work”) among the new construction works, as follows (hereinafter “instant provisional facilities construction contract”).

The first time of construction: from July 8, 2012 to November 30, 2012, 2012, the part concerning the installation of the provisional facilities among the construction of the instant provisional facilities (hereinafter referred to as the “construction of the instant provisional facilities”): The portion concerning the installation of the provisional facilities among the construction of the instant provisional facilities shall, in principle, be increased and decreased depending on the increase or decrease in the volume of the construction cost, from December 1, 2012 to May 30, 2013 (hereinafter referred to as the “construction of the instant provisional facilities”).

(The current details include construction costs and material costs) and the cost of installing facilities (80%) and dismantling (20%) shall apply when claiming progress payment.

- The cost of materials and material losses shall be paid to C, and wage and four insurance shall be administratively processed in the development of the Southern Mining Industry (State).

The wage costs shall be kept and managed in C and shall not raise any objection against theft and loss. (The wage costs shall not be directly treated in the development of the Southern Mining Industry) and all materials brought to the site.

B. After that, Plaintiff A completed the construction of the instant provisional facilities; however, around May 30, 2013, Plaintiff A suspended the dismantling of the instant provisional facilities on the grounds that the Defendant did not pay the price, etc.; thereafter, the remainder of the dismantling of the instant provisional facilities was completed by the Defendant.

C. The Defendant paid KRW 345,221,684 to the Plaintiff as the construction cost of the instant provisional facilities, and paid KRW 214,770,509 to the Plaintiff A’s Gabble Construction Co., Ltd. (hereinafter “Gabble Construction”), and paid KRW 242,229,612 to the subcontractor on behalf of the Plaintiff A.

[Identification Evidence] Facts without dispute, Gap 2 and 3 evidence, and all pleadings.

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