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(영문) 의정부지방법원 2014.09.18 2014가합51500
하도급대금청구
Text

1. The Defendant’s KRW 908,160,00 for the Plaintiff and KRW 6% per annum from March 31, 2012 to May 19, 2014.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a contract for modification after receiving a subcontract for reinforced concrete construction and soil construction (hereinafter referred to as “instant subcontracted construction”) among the 37 sections (e.g., 4, dong-1) projects (e.g., Ann., Ann. dong-dong-1), which were located in the 37 sections (e.g., Ann., Ann., Ann., Ann.e., Ann.,

The first change of the contract period of March 9, 201 through January 5, 2012, from March 9, 2011 to January 5, 2012, 201; the second change of the contract period of KRW 3,927,60,000 on December 19, 2012 to March 30, 201; the second change of KRW 3,927,60,000 on March 25, 2012; the first contract period of KRW 3,927,60,00 [rererererererererest construction works] The original contract period of KRW 10,393,00 on March 9, 201 to KRW 10 on May 39, 201, to KRW 30,00 on March 19, 205; and the second change of KRW 130 on March 19, 201.

B. On March 2012, the Plaintiff, the North Korea Comprehensive Construction, and the Defendant entered into an agreement that the Defendant shall directly pay the Plaintiff, the subcontractor, with respect to the obligation to pay the construction cost that the Plaintiff shall pay to the Plaintiff according to the said subcontract (hereinafter “instant direct payment agreement”).

C. On March 30, 2012, the Plaintiff completed all the subcontracted construction of this case, which was within the construction period under the said subcontract. From around April 2011 to March 2012, the Plaintiff received 12,05,670,000 won in total on seven occasions from the Defendant (i.e., 3,282,180,00 won (i., 8,773,490 won in molding construction of reinforced concrete) (i.e., 908,160,000 won in total (= 645,480,000 won in total) (i.e., 3,927,660,000 won in reinforced concrete construction amount -3,282,180,000 won in total) from around March 2012 to around 3, 200 won in total (i.e., 9,307,007 won in total).

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 6, 8, 9, Eul evidence 10-1, 2, 3, 7, Eul evidence 11-4, 7, and the purport of the whole pleadings

2. Prior to determining the Plaintiff’s claim, the evidence and Eul’s evidence No. 10-4, 5, 6, and 5.

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