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(영문) 의정부지방법원고양지원 2019.10.17 2018가단80458

공사대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. On January 23, 2017, the Plaintiff entered into a construction subcontract with the Defendant for the construction of the first floor, underground floors, and auxiliary facilities (hereinafter “instant construction”) of the construction of the Kimpo-si Urban Do-Newly constructed project (hereinafter “instant subcontract”). The Plaintiff entered into a contract for the construction of the construction project with the construction cost of KRW 100,100,000 (hereinafter “instant subcontract”).

B. According to the instant subcontract, the Plaintiff: “EVAcheon System/1st floor (amounting to KRW 4,299,040)”; “EVAcheon System (AL board) / Underground Floor Construction (17,093,750)”; “designated Fixed Stacks Board (AL board) / Designated Fixed Stacksing System (a totaling to KRW 33,562,715),” and “designated Fixed Stacks (AL board) / AL board’s incidental facilities (a totaling to KRW 3,843,813).”

C. After completing the instant construction work on February 20, 2017, the Plaintiff settled the construction cost of KRW 68,80,000 according to the unit price stated in the contract according to the volume and the number of employees invested in the construction work (i.e., KRW 4,299,040, KRW 17,093,093, KRW 750, KRW 33,562,715, KRW 33,562,715, KRW 3,843,813, KRW 3,20682, value-added tax) and filed a claim for construction payment with the Defendant.

However, on May 2, 2017, the defendant paid only KRW 1.5 million among them. D.

Therefore, the defendant is obligated to pay the remaining construction cost of 5.3 million won and damages for delay to the plaintiff.

2. The judgment of the Plaintiff, among the instant construction works, performed the construction of “EVAcheon/1st floor (amounting to KRW 4,299,040)” and “EVAcheon (AL board)/Base (AL board)” and the construction of underground floors (amounting to KRW 17,093,750). Of them, the Defendant provided materials amounting to KRW 6,393,790, and the Defendant paid KRW 1.5 million to the parties, is not disputed between them, or is recognized by adding up the overall purport of the pleadings to the witness witness D’s testimony.

However, the plaintiff's "Designated-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Man-Ma