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(영문) 서울중앙지방법원 2015.04.03 2014가단5082814

공사대금

Text

1. The Defendant’s KRW 28,820,00 for the Plaintiff and KRW 6% per annum from May 1, 2012 to April 3, 2015.

Reasons

1. Facts of recognition;

A. On May 13, 2011, the Plaintiff and the Defendant: (a) the construction period from May 13, 2011 to September 30, 2011 (the construction period was extended to December 25, 201) and the contract price of KRW 24.6 million [the supply price of KRW 186 million (this labor cost is KRW 92,308,902)] and the supply price of KRW 2.6 million (the supply price is KRW 92,308,902).

) A subcontract for construction works (hereinafter “instant subcontract”) was concluded, which is value-added tax of KRW 18.6 million.

B. Although workers of the instant stone construction completed the instant stone construction work that the Plaintiff agreed to perform by December 7, 201, workers of the instant stone construction work, they brought about approximately 71 existing parts of the construction work according to the Defendant’s order from December 15, 201 to January 25, 2012.

C. On February 29, 2012, the Plaintiff demanded the settlement of the instant stone construction cost of KRW 194 million (excluding value-added tax; hereinafter the same shall apply). However, C, on March 21, 2012, adjusted the settlement by reducing the amount of KRW 192 million to KRW 192 million.

(A) No. 3. D.

On the other hand, on February 29, 2012, upon the Plaintiff’s request for the settlement of accounts, C prepared a work instruction (Evidence A No. 5), “A shall pay wages in relation to the reconstruction of sandbox outer walls to the Defendant Company,” separately from the construction cost of the instant stone construction. On April 18, 2012, C confirmed that the said KRW 71 out of the construction cost of the reconstruction part, which is the construction cost of the said KRW 13.65 million, already paid the said KRW 4750,000,000,000,000,000,000,000,000,000,00

(A) No. 4, e.

With respect to the instant stone construction and reconstruction construction, the Defendant disbursed the construction cost to the Plaintiff, the supplier of reconstruction materials, and the laborers as follows:

Plaintiff Company for the progress payment of KRW 41,50,000 on November 9, 201, in which the direct payment of the subcontract price was made on May 26, 201, Plaintiff Company for the progress payment of KRW 61,380,000 on November 30, 201, Plaintiff Company for the progress payment of KRW 41,50,000 on November 29, 201, and for the progress payment of KRW 27,50,000 on November 29, 2011. < Amended by Presidential Decree No. 117135, Nov. 27, 201; Presidential Decree No. 17000, Nov. 3,