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(영문) 제주지방법원 2015.10.29 2015가합881
공사대금
Text

1. The Defendant jointly with Hosung Construction Co., Ltd., and jointly with the Plaintiff, KRW 204,664,072 and its related amount on October 16, 2013.

Reasons

Basic Facts

A. The comprehensive construction of Hosung is a company that aims at civil engineering construction works, and the defendant is a local government that has a Jeju as an administrative city under its jurisdiction.

B. The Plaintiff 2010

4.1. The Jeju-si Urban Development Project (hereinafter “instant construction project”) ordered Jeju-si General Construction to pay for the construction period of KRW 1,356,00,00 (including value-added tax) from April 1, 201 to December 31, 201, among river structures and appurtenant works to the special structure (hereinafter “instant construction”) among the construction works for infrastructure in the Jeju-si Urban Development Project in the Jeju-si District, which was ordered by Jeju-si General Construction, and entered into a subcontract (hereinafter “instant contract”) by changing the construction period from April 1, 201 to December 31, 201 to KRW 1,356,000 (including value-added tax).

C. On April 1, 2010, the Plaintiff, Hosung Comprehensive Construction, and Jeju City, the client, agreed to pay the subcontract price directly to the Plaintiff, the subcontractor, in accordance with the Fair Transactions in Subcontracting Act, etc.

(hereinafter “instant direct payment agreement”) C.

On October 15, 2013, the Plaintiff completed the instant construction work, and was paid KRW 2,623,254,928 in total as construction cost from May 26, 2010 to July 1, 2013.

Relevant provisions, such as the former Act on Fair Transactions in Subcontracting (amended by Act No. 12709, May 28, 2014; hereinafter “subcontract Fair Transactions Act”) that apply at the time of the instant direct payment agreement are as shown in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 16, and plaintiff's assertion of the purport of the whole pleadings

A. As the Plaintiff completed the instant construction work on September 30, 2013 in total in KRW 2,855,269,485, the Plaintiff is obligated to pay the remainder of the construction cost that the Plaintiff did not pay to the Plaintiff and the delay damages.

(b) Hosung comprehensive construction works.

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