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(영문) 의정부지방법원고양지원 2019.09.05 2018가단72303

공사대금

Text

1. The Defendant’s KRW 45,100,000 for the Plaintiff and the following: 6% per annum from October 22, 2015 to April 10, 2019.

Reasons

1. Basic facts

A. On July 1, 2015, the Plaintiff entered into a contract with the Defendant for the payment of construction cost of KRW 9.9 million, and on October 21, 2015, the date of completion, with the Plaintiff’s payment of construction cost of KRW 9.9 million, and completed the fence installation work of this case.

B. On July 21, 2015, the Plaintiff entered into a contract with the Defendant on the supply of and demand from the Defendant on August 30, 2015, with the construction cost of KRW 3.5.2 million for the removal of the instant plot of land (hereinafter “instant removal project”).

The contents of the above contract include the disposal of wastes after removal, but the contract price for the disposal expenses shall be 18 million won.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including additional number), the purport of the whole pleadings

2. Determination on installation works of fences of this case

A. According to the above facts, since the Plaintiff completed the fences installation works of this case, the Defendant is obligated to pay the Plaintiff the price of 9.9 million won for the fences installation works of this case and damages for delay.

B. The defendant's assertion asserts that the defendant agreed to pay the price for installation works of fences in this case to the plaintiff after the fact that the defendant received the construction price from the owner.

However, there is no evidence to acknowledge this, and this part of the defendant's assertion is without merit.

3. Determination on the removal of this case

A. On the other hand, the Plaintiff asserts that the removal of this case was completed in its entirety, while the Defendant did not install a fugitive dust prevention facility at the time of the removal of the building, and the removal of part of the underground floors and walls of the building did not occur, and the Plaintiff did not complete the removal of this case since the Plaintiff did not dispose of the wastes.

The above-mentioned facts, Gap evidence Nos. 3 through 7, and Eul evidence No. 4.