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Reasons
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(영문) 부산지방법원 2015.02.12 2013가합5414
추심금
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1. The Defendant’s KRW 445,437,758 as well as 5% per annum from March 28, 2013 to February 12, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s oil payment claim against the Plaintiff’s Yongsan Construction Co., Ltd. supplied 3,563,668,831 won in total from February 25, 2012 to June 25, 2012 to 3,563,68,831 won in total. As a payment guarantee, the Plaintiff was issued 9 copies of the bill issued from c,44,803,132 won in total from June 13, 2012 to July 6, 2012.

B. On June 4, 2010, a construction contract and termination 1) construction between the Defendant and a construction contract between the Defendant is the dredging construction work from the Defendant to the project owner from among the construction works of the Incheon Port Corporation (hereinafter “instant construction work”).

(2) The construction cost was 13,420,000,000 won and the main contents of the said subcontract are as follows. In addition, the Defendant, through a six-time modification contract, set the contract amount of the instant construction project as KRW 16,84,30,000, and the construction period as of July 31, 2012 (hereinafter referred to as the “instant subcontract agreement”) by the end of July 31, 2012.

(c) Contract for construction works;

4. Period: Commencement on June 04, 2010, and completion on August 31, 2011.

6. Payment of the price;

(b) A completed amount: Not more than 15 days after the completion of a contract; and

8. Contract bond: 10% of the contract amount of 1.34 billion won shall be substituted by the contract execution securities, instead of 11.1% of the contract amount of 1.0 million won: 0.1% (number of delay x contract amount x 1/1,00) parties shall conclude this construction subcontract according to the above contents and the additional contract terms, design drawings and specifications, and prepare two copies of the contract, respectively;

Article 1 (Basic Principles) (1) The principal contractor (hereinafter referred to as "A") and the subcontractor (hereinafter referred to as "B") of the terms and conditions of the subcontract for construction works shall comply with the contract in good faith through mutual cooperation on equal terms.

Article 7 (Performance of Contracts and Payment Guarantee for Construction Costs) (1) and B shall be as follows:

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