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(영문) 수원지방법원 2014.09.05 2013나49210

공사대금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant (around April 11, 2014, changed the name of the Ga General Construction Co., Ltd. from the Ga General Construction Co., Ltd. to the Ga General Construction Co., Ltd.) was awarded a contract by setting the construction cost of KRW 2,94,385,975, and the construction period from May 27, 201 to March 27, 2012.

B. On July 13, 2011, the Plaintiff received a subcontract from the Defendant for the structural construction cost of KRW 444,00,000 from July 13, 201 to December 10, 201, for the structural construction period of KRW 444,00,00, and for the period of construction from July 13, 201 to December 10, 2011, the Plaintiff determined that the scope of the structural construction works of the said construction works include steel, concrete string, rain-proof, dust-proof, dust-proof network, fences, fences, field adjustment money, boom-to-site marketing, materials-taking boom, heat-to-door materials-to-face, pumps, pumps, and ckes

(hereinafter “instant framework construction”) C.

On February 13, 2013, the Defendant drafted a confirmation document that the Plaintiff was not paid KRW 97,703,00 (hereinafter “instant confirmation document”) including labor cost, material cost, equipment cost, and equipment usage fee, etc. The settlement of accounts was 342,640,000 won (Labor cost of KRW 300,000,000 for pumps of KRW 8,900,000 for KRW 17,70,000 for KRW 5,450,000 for KRW 480,000 for KRW 9,000 for services of KRW 10,000 for KRW 10,000 for KRW 480,00 for KRW 9,000 for KRW 10,000 for KRW 10,00 for KRW 800 for construction cost,00 for KRW 80,00 for construction cost, KRW 700 for construction cost,00 for 0,00 for KRW 400 (6).

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, Eul evidence 1, Eul evidence 1, 2, and 7, the purport of the whole pleadings

2. Determination

A. According to the above findings of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 96,703,00 and damages for delay at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 23, 2013 to the date of full payment, which is the day following the delivery of a copy of the complaint in this case, unless there are special circumstances.

B. Judgment on the defendant's defense (1) is made by coercion.