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(영문) 광주지방법원 2016.12.02 2015가합58039

공사대금

Text

1. The Defendant’s KRW 21,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 11, 2015 to December 2, 2016.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur engaged in the architectural business with the trade name C.

On May 18, 2013, the Plaintiff entered into a contract for construction works (hereinafter “instant contract for construction works”) with the Defendant, setting the construction period from May 20, 2013 to June 30, 2013, with respect to floor engineering works, steel frame works, and printing team works (hereinafter “instant construction works”) for the construction of three winters (hereinafter “the instant contract for construction works”).

B. On July 6, 2013, the Plaintiff entered into a subcontract (hereinafter referred to as “instant subcontract”) with respect to the steel frame construction during the instant construction period from July 8, 2013 to August 15, 2013, setting the construction amount of KRW 123,00,000 (excluding value-added tax) as the construction amount, and the Defendant also affixed a seal on the instant subcontract as the principal contractor.

C. On August 27, 2014, the Defendant obtained the approval for the use of the instant Gyeyang.

The Defendant paid the Plaintiff KRW 250,00,000,000 as the instant construction cost on December 17, 2013, and KRW 200,000,000 on December 11, 2014, and KRW 250,000,000 in total.

E. The Plaintiff loaned KRW 2,00,000 to the Defendant on December 20, 2013, KRW 4,000,000 on July 25, 2014, and KRW 15,000,000 on October 20, 2014, and KRW 21,000,000 (hereinafter “instant loan”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 2 to 5, and Eul evidence 20, video, witness E's testimony and the purport of the whole pleadings

2. Determination as to the claim for construction price of this case

A. The Plaintiff entered into the instant construction contract with the Defendant at KRW 430,00,000 of the construction cost, and directly performed the instant construction work with the floor civil engineering works, and the 1,3 teams construction works were subcontracted to D and completed the instant construction work. Accordingly, the Defendant paid the Plaintiff the remainder of the construction cost of KRW 180,000 (=430,000,000 - 250,000,000,000.