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(영문) 대전지방법원천안지원 2019.05.29 2018가단4716

공사대금

Text

1. The Defendant’s KRW 37,49,100 as well as 5% per annum from June 1, 2018 to May 29, 2019 to the Plaintiff.

Reasons

1. According to the statement in Gap evidence Nos. 1 and 10 (including each number) as to the cause of the claim, the plaintiff completed construction completion, completed construction completion, completed the construction completion, completed the toilet, and completed the construction work from the defendant on July 13, 2017 to subcontracted for KRW 216,70,00 among D Corporation contracted by the defendant (hereinafter the contract of this case) (hereinafter the contract of this case). While the plaintiff performed the construction of this case after the contract of this case, the plaintiff was performing the construction of this case with the ordering agency, the plaintiff was also suspended the construction of this case. According to the work completion confirmation of supervision at the construction site of this case, the plaintiff completed construction completion, completed construction completion, completed the construction completion, completed the toilet-to-six interior partitions and outside alkumumumumumumumum powder order, and suspended construction work of this case until the time the construction work of this case was completed, the total construction cost of this case can be recognized from the defendant 407,600%, and the construction cost of this case is recognized as the plaintiff.

Although the Plaintiff asserts that the remainder of the construction work according to the construction performance ratio of this case is KRW 131,450,00,000, the evidence alone presented by the Plaintiff is insufficient to objectively prove the fact that the amount of the construction work performed by the Plaintiff is KRW 131,450,000. However, as recognized above, since the construction performance ratio of the construction portion is 47.3%, the construction performance ratio of this case is recognized up to 47.3%.

In addition, the Plaintiff asserts that the contract price of the instant construction project should be changed to KRW 225,500,000 after the contract was concluded, but the above evidence submitted by the Plaintiff alone is insufficient to accept the above assertion, and there is no other evidence, the above assertion is rejected.

Ultimately, according to the above facts of recognition, the defendant's remaining amount of KRW 37,49,100 (=216,70,000) x 0.473 - 65,000,000) and the plaintiff's claim against the plaintiff.