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(영문) 인천지방법원 2018.01.26 2015가합50152
공사대금
Text

1. The Defendant: KRW 178,298,359 for the Plaintiff and KRW 6% per annum from March 14, 2014 to January 26, 2018; and

Reasons

1. Basic facts

A. On July 31, 2012, the Defendant: (a) was awarded a contract for the D Facilities Construction Work to be executed by the Armed Forces Finance Management Committee during the period from 16,402,274,000 won (including value-added tax; hereinafter the same shall apply) and from August 7, 2012 to January 30, 2014.

B. On September 6, 2012, the Defendant, in the presence of five companies, including the Plaintiff, held the site site conference for the subcontract of each reinforced concrete construction project among the aforementioned D facilities construction, and submitted a written estimate to the Defendant for construction cost of KRW 3,410,00,000 to the Defendant.

C. On October 19, 2012, the Defendant agreed to subcontract the instant construction project to the Plaintiff, which submitted the lowest quotation, and entered into a subcontract (hereinafter “instant subcontract”) with the Plaintiff by setting the construction cost of KRW 3,150,000,000 and the construction period from October 26, 2012 to April 30, 2013.

The parts relating to this case in the subcontract of this case are as follows:

Standard subcontract Agreement for Construction Works

1. The project owner of the Korea Armed Forces and the Korea Armed Forces and Finance Corporation (2012-2017);

2. Title reinforced concrete construction works;

3. C Council members at the time of ordering the place of construction work.

4. The value of the total construction cost of KRW 3,150,00,000 on April 5, 2013, the construction period of which begins on October 26, 2012; KRW 2,863,63,636,364, labor cost of KRW 2,019,246,814; value-added tax on labor cost of KRW 286,363,63,636 under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry;

6. Payment of the price;

(a) Advance payment: (1) Payment method: 0.0% in cash; 0.0% in cash; 0.0% in cash; 0.0% in cash settlement; 0.0% in cash settlement; 0.0% in cash settlement; 0.0% in cash; 00,000,000 won in cash;

(c) The adjustment of payments following any change in design, economic situation, etc.;

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