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(영문) 창원지방법원 2016.05.26 2014가합31448
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 129,510,350 to the Plaintiff (Counterclaim Defendant) and its related amount from January 17, 2014 to May 26, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of premise;

A. On April 29, 2013, the Defendant was awarded a contract for two sections for telecommunications construction works (hereinafter “instant construction works”) from April 29, 2013 to March 7, 2015, for the construction period from April 29, 2013 to March 7, 2015 among the projects for the relocation of Tae Young-gun B unit in Taean-gun (hereinafter “Tho-gun Construction”) and the development project.

B. The Defendant continued to perform the instant construction project with Korea Infrastructure Corporation as a subcontractor, and had the Plaintiff undertake the instant construction project as a subcontractor from August 15, 2013.

C. On September 1, 2013, the Plaintiff and the Defendant entered into an agreement on material and personnel support (hereinafter “instant agreement”) with respect to the instant construction project on the following terms:

(1) Construction period: (2) Construction period from August 15, 2013 to March 27, 2015: 1,320,000,000 won (excluding indirect construction cost of KRW 105,862,236): 0.1% of the agreed amount per day. 4% of the agreed amount for liquidated damages. The conditions for claim for payment and payment: In principle, the payment shall be made at the agreed rate within five days from the date of deposit when the Defendant received the construction cost from Tae Young Construction (Provided, That submission of settlement-related documents is required).

D. In addition, the Plaintiff and the Defendant drafted an executory construction work agreement (hereinafter “instant agreement”) with the following contents:

① Direct construction costs of KRW 2,219,539,159 ② 520,884,462 Won 190,000,000 won for 190,563,200 won for May 13, 13, 192,574,30 won for June 68, 746,962 won for 192,574,300 won for 1,698,654,697 won for the Plaintiff’s execution amount of KRW 1,320,00,00 for the Plaintiff’s share of KRW 78% for the Plaintiff’s share of KRW 1,320,00 (No.4/3)

With respect to the portion of wages ( approximately KRW 8/15 through 8/31) out of the portion for completed payment in August, the portion for completed payment shall be paid to the plaintiff.

E. On December 13, 2013, the Plaintiff suspended the instant construction work.

F. The Defendant on January 2013

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