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(영문) 대전지방법원 천안지원 2017.03.31 2016가합793

공사대금

Text

1. The Defendant’s KRW 349,60,000 as well as the Plaintiff’s annual rate of KRW 6% from April 28, 2016 to July 18, 2016, and the following.

Reasons

1. Facts of recognition;

A. The plaintiff is a company that designs and manufactures mutual assistance devices, and the defendant is a company that manufactures and installs mutual assistance devices.

B. From September 18, 2015 to January 26, 2016, the Plaintiff entered into a contract or subcontract with the Defendant for each of the following construction works:

1) The construction project for the construction of a large-scale Aindustrial plant (hereinafter “instant construction project”).

- The contract date: - The construction site on September 18, 2015 - the construction site: The 2tetrale A6-1- the Asan Doksan, the date of commencement: September 17, 2015 - the date scheduled for completion: the contract amount: October 20, 2015 - the contract amount: the 462,000,000 won (including value-added tax) - the construction for the expansion of the warehouse in the Newnam-dong, Pakistan (hereinafter referred to as “the instant 2 construction”): the contract date: November 20, 2015 - the construction site in the Asia-dong: the 26-1- the date scheduled for completion: the date scheduled for completion: the contract amount on November 20, 2015 - the date scheduled for completion: the construction project is newly constructed on January 10, 2016 (including the date scheduled for completion): the construction project in Gwangju-do (hereinafter referred to as “the instant construction project”).

- Contract date: - The construction site on January 26, 2016 - 264-1 - The filing date of the start-up: January 25, 2016 - The filing date of the completion: March 10, 2016 - the contract amount: 39,600,000 won (including value-added tax).

C. The Plaintiff completed all of the instant construction works under the said contract or the said subcontract.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 7 (including branch numbers) and the purport of the whole pleadings

2. Determination as to the claim

A. According to the above facts of recognition as to the cause of claim, the defendant should pay to the plaintiff KRW 639,10,000 (= KRW 462,00,000, KRW 137,500,000, KRW 39,600,000) with the construction cost as to the construction work set forth in subparagraphs 1 through 3 of this case. Since the plaintiff was paid KRW 289,50,000 among the above construction cost, the defendant is a person who received the payment of KRW 289,50,000 among the above construction cost, so the defendant shall pay the remaining construction cost of KRW 349,60,000 ( KRW 639,10,000 - KRW 289,50,000) to the plaintiff.