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(영문) 서울중앙지방법원 2015.11.06 2015가합508155
공사대금
Text

1. The Defendant’s KRW 102,90,000 as well as 5% per annum from October 1, 2014 to February 12, 2015 to the Plaintiff.

Reasons

1. Circumstances leading to the dispute of this case;

A. On November 12, 2013, the Chief Contract Official of the National Armed Forces under the Defendant’s control determined the contract amount of the 200,123,890 won in terms of the contract amount and the construction period from November 19, 2013 to December 31, 2013 to the 360,123,890 won in terms of the contract amount for the installation of the 2000 Formula 13-1410 in the military unit located in the Gangwon-do Incheon-do. (hereinafter “Korea National Armed Forces Construction”).

(hereinafter referred to as “original contract”). (b)

B. On April 1, 2014, the Construction Contract was subcontracted to the Plaintiff on the contract price of KRW 130,000,000 (value-added tax separately) for the water supply and sewerage construction works in accordance with the original contract.

(hereinafter referred to as the “instant subcontract”. Nafriendly Construction and the Plaintiff entered into a contract on September 15, 2014 by changing the construction period of the instant subcontract to KRW 172,900,000 (including value-added tax) by September 27, 2014.

C. On May 20, 2014, Nai General Construction agreed to dispose of the progress payment (143,00,000 won) of the instant subcontract in the Plaintiff’s deposit account in direct payment, and then submitted a written consent of direct payment, stating that “I would not raise any objection later,” and submitted it to the office of the certified architect (hereinafter referred to as “topin”) who is the responsible supervisor appointed by the Defendant.

Around that time, the defendant received a written consent from the above direct payment.

B. On September 15, 2014, the Construction Co., Ltd. entered into the instant subcontract agreement on September 15, 2014, it agreed to dispose of the progress payment (172,90,000 won) of the instant subcontract as the Plaintiff’s deposit account in direct payment, and submitted a written statement of non-performance to the question.

Around that time, the defendant received a written consent from the above direct payment.

E. On September 2014, the Plaintiff completed the instant subcontracted project.

However, the Nae General Construction shall pay the Plaintiff KRW 102,900,000 out of the subcontract price.

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