(영문) 서울중앙지방법원 2018.05.18 2016가합524840

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(영문) 서울중앙지방법원 2018.05.18 2016가합524840

공사대금

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1. Defendant B Co., Ltd.: (a) KRW 4,432,397 on the Plaintiff and 6% per annum from May 11, 2016 to May 18, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that operates telecommunications construction business, fire-fighting system construction business, etc.; Defendant B is a corporation that operates civil engineering construction business, fire-fighting system construction business, etc.; Defendant C is a national university with the purpose of education, human resources development, academic research, etc.

B. On October 25, 2013, Defendant C and Defendant C entered into a contract for construction works (hereinafter “instant contract”) on October 31, 2013 with the total construction cost of KRW 16,40,886,00,00, and on October 31, 2013 as of the date of commencement, and October 20, 2015 as of the total completion date. On December 23, 2015, Defendant C and C entered into a contract for construction works to change the contract amount to KRW 17,452,347,00,00, reflecting additional construction works following the review of design change.

C. On March 28, 2014, Defendant B subcontracted the instant subcontract (hereinafter “instant subcontract”) to the Plaintiff, setting the period of construction from April 15, 2014 to October 20, 2015, with 3% of the warranty bond rate, from April 15, 2014 to October 20, 2015.

The contents related to this case in the above subcontract shall be as follows:

Article 22 (Advance Payment) (1) A (Defendant B) shall pay advance payment to B, as stipulated in the contract.

(2) If a party who placed an order receives an advance payment from the person who placed an order, he/she shall pay an advance payment to B in accordance with the terms and conditions and ratio of the advance payment he/she receives within 15 days from the date he/she receives such advance payment, as stipulated in the contract.

(3) A person who intends to receive advance payment shall submit to A a certificate falling under any subparagraph of Article 23 (1).

(4) Advance payments shall not be used for any purpose other than the original purpose of a contract, and shall be used preferentially for paying wages and securing materials.

(5) An advance payment shall be settled by the following formula whenever the completed portion is paid:

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