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(영문) 의정부지방법원 2019.03.06 2017가단26942

공사대금

Text

1. The Defendant paid KRW 50,301,00 to the Plaintiff KRW 6% per annum from December 1, 2017 to March 6, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff related to the parties is an individual entrepreneur engaged in building materials leasing and construction business in the trade name of C, and the Defendant is a company engaged in civil engineering work and civil engineering work.

B. D Construction 1) On November 28, 2016, the Plaintiff is a reinforced concrete construction work among the new construction works for multi-household houses on land E and two parcels in Namyang-si, Namyang-si, E (hereinafter “D construction”).

(2) The Plaintiff completed the primary construction of D, and the unpaid construction cost is KRW 2,006,00.

3) The Plaintiff completed the secondary construction of D, and the unpaid construction cost is KRW 10,773,00. 4) In relation to D construction, the Plaintiff completed the retaining wall construction and floor construction as additional construction. The unpaid construction cost is KRW 2,772,00,00, including labor cost for retaining wall construction, and equipment rental and labor cost related to floor construction, which are KRW 5,50,000, in total.

C. F Corporation 1) On February 14, 2017, the Plaintiff: (a) among the Defendant and the Bupyeong-gu Incheon Bupyeong-gu G ground factory construction works, the wooden works of reinforced concrete construction (hereinafter “F Corporation”) are deemed F Corporation.

(2) Of the aforementioned new construction works, H entered into a contract with the Defendant to construct the remaining reinforced concrete construction works at KRW 70,000,000. (2) During the F construction process, the content of the construction was changed. The Defendant agreed to separately settle the additional labor cost when requesting the Plaintiff to reduce the construction period. The Plaintiff additionally puts the labor force to reduce the construction period, thereby completing the F work.

3) With respect to the F Corporation, from the Defendant’s account to the Plaintiff’s name, the KRW 38.5 million was transferred from March 10, 2017 to the Defendant’s account; KRW 9.9 million on April 10, 2017; KRW 25 million on May 24, 2017; and KRW 37.95 million on September 25, 2017; and the Defendant directly paid KRW 18 million on December 1, 2017 to Nonindicted 5 and 18 million on the aggregate of wages related to the F Corporation. 【No dispute over the fact that there is no basis for recognition, Party A, and Party A. 1.