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(영문) 광주지방법원 2015.04.10 2014가합8389

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established for the purpose of freezing and freezing facility installation, and the Defendant is a juristic person established for construction work, sanitary cooling and heating facility construction work contract business, etc.

B. On June 1, 2013, the Plaintiff drafted a standard contract for construction works (including value-added tax) with respect to the construction of low temperature warehouses and construction of machinery and equipment on the 155th ground (hereinafter “instant construction work”) in the order of the 12,980,000 won on the south-gun, the principle of 155, south-Nam-gun, Nam-gun, the principle of 155, between the agricultural company shop limited liability company for agricultural products (hereinafter “agricultural company”). From June 1, 2013 to November 30, 2013; and from November 30, 2013 to 1/100 per day (hereinafter “instant contract”).

C. The Plaintiff completed the instant construction on November 30, 2013, received KRW 20 million from the shop agricultural products on April 11, 2014, and received a notice of payment for the remainder amount. On April 13, 2014, the Plaintiff issued to the shop agricultural products a tax invoice of KRW 129,80,000 (including value-added tax) for product temperature storage and mechanical equipment construction and total amount of KRW 129,000 (including value-added tax).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The parties’ assertion asserts that the Plaintiff is obligated to pay to the Plaintiff the balance of the construction cost of KRW 19.8 million and delay damages from December 1, 2013, which is the day following the completion date of construction work, since the Plaintiff entered into a contract with the Defendant for the instant construction work orally with the introduction of the Defendant’s On-Site Director A and completed the construction work, and the construction was not paid KRW 19.8 million out of the construction cost.

For this, the defendant was awarded a contract from the agricultural products for the remaining low temperature warehouse construction works except for freezing and freezing facilities, and the plaintiff was asked to introduce the company specializing in freezing and freezing facilities.