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(영문) 광주지방법원 2014.10.30 2013가합55890
공사대금반환 등
Text

1. The Defendant: (a) KRW 10 million to the Plaintiff; and (b) KRW 6% per annum from November 29, 2013 to October 30, 2014; and (c) as to the Plaintiff.

Reasons

1. Basic facts

A. On April 27, 2013, the Plaintiff awarded a contract for Gwangju Construction Co., Ltd. for Gwangju Construction, and subcontracted the said construction to the Defendant with the following content:

Standard subcontract form of construction works

1. Project owner: Gwangju Construction Corporation; New Construction Corporation; and

2. Title of subcontracted construction: reinforced concrete construction work;

3. Place of construction: Gwangju Metropolitan City Mine-gu C.

4. Period: From April 27, 2013 to June 20, 2013;

5. Contract amount: 720 million won (including value-added tax).

6. Payment of the price;

(a) Payment for completed portion: 70% shall be paid 45 days after the filing of a claim at the end of each month in accordance with the progress rate prescribed by the rules of the head office;

(b) Balance: The remainder of 30 per cent shall be paid after completion.

7. Contract bond: 10%;

8. The rate of warranty bond: 5%; 10. 0%;

B. On August 5, 2013, the Defendant prepared a “written waiver of construction work” (Evidence 3) with the purport that “The Defendant, the subcontractor of the instant construction project, is unable to smoothly perform the instant construction project due to the Defendant’s internal circumstances, and thus, waives the construction to the Plaintiff any longer, and subsequently does not raise any civil or criminal objection, such as requesting additional payment of the construction cost.”

A construction performance angle;

1. Amounting to approximately 1,358 square meters (excluding value-added tax), approximately 950,600,000 won (excluding value-added tax) of the total amount of contract initially contracted, the amount of which is KRW 1,125 square meters, the down payment of KRW 655,500,000 (excluding value-added tax);

2. Upon the receipt of the instant construction cost, the Defendant’s responsibility shall be executed, and the Defendant shall be liable if the liability for the subsequent payment of the construction cost is incurred.

C. After that, according to the Defendant’s expression of intent to resume construction, the Plaintiff set the construction cost as follows from the Defendant and the Defendant’s director D as KRW 600,000,000 at the beginning, but will increase the construction cost as KRW 700,000 and apply to the total construction volume.

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