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(영문) 서울동부지방법원 2021.02.05 2018가합108702

공사대금

Text

1. The Defendant’s KRW 343,075,552 as well as the Plaintiff’s annual rate from December 19, 2017 to February 5, 2021, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a stock company that runs the construction business and the civil engineering business, and the Defendant is a stock company that runs the business of manufacturing natural and mixed preparations.

B. The date of preparation regarding the Defendant’s new construction of manufacturing facilities (hereinafter “instant construction”) was written by the standard contract for private construction works (hereinafter “instant contract for construction works”) with the following terms and conditions stated as of August 29, 2017. The Plaintiff, as a contractor, was the contractor, and the Defendant, as a contractor, sealed each corporation’s seal impression.

The name of the standard contract for private construction works: The construction site for the new construction of manufacturing facilities of the KACCP Co., Ltd. (referring to the defendant) : The date of the commencement of construction works: 1,540,00,000 won (including value added tax) on October 15, 2017: The contract price: 1,540,000 won: Additional construction works requiring the special contract amount of KRW 110,000: 10,000,000: Additional amount of KRW 2,000,000 (excluding value added tax): 10,000,000 won: 10,000,000 won (excluding value added tax).

C. On December 18, 2017, the Plaintiff newly built a building for the instant construction project was approved for use on December 18, 2017, and the general building ledger relating to each real estate listed in the [Attachment 1] List was prepared, and the Defendant completed registration for the preservation of ownership in the name of the Defendant on December 27, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1-5 evidence (if there are numbers on the evidence, the indication is omitted), the purport of the whole pleadings

2. Determination as to the claim for construction cost

A. 1) The Plaintiff’s assertion as to the cause of the claim and determination 1) The Plaintiff concluded the instant contract with the Defendant and completed the construction work accordingly. As such, the Defendant calculated by deducting the construction cost of KRW 1,551,110,000,000, which is the base payment from the total of KRW 11,540,000 for the first construction cost and KRW 11,000 for the additional construction cost, as well as the remaining construction cost of KRW 441,00 for the Plaintiff.