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(영문) 서울북부지방법원 2019.09.26 2018가합25896

공사대금

Text

1. The defendant shall be the plaintiff.

(a) KRW 1,44,545,850 as well as 6% per annum from July 1, 2018 to April 25, 2019; and

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff, as a specialized construction business entity, is a company that operates construction materials leasing business, non-building structure dismantling business, soil construction business, etc., and the Defendant is a company that runs a housing construction business, real estate development business, and lease business. 2) The Defendant awarded a contract for construction of Dtel construction from C Co., Ltd. (hereinafter “C”) to the Plaintiff on December 13, 2017, and partially changed the terms of the contract on March 25, 2018. The contract amount was KRW 1,485,00,000 (including value-added tax, KRW 36,76,500 for construction work related to dismantling construction, and KRW 36,76,500 for construction work related to dismantling construction) and the construction period was from January 15, 2018 to May 15, 2018.

3) The Plaintiff commenced the instant construction on or around January 2018, but the Defendant did not pay the Plaintiff the payment for the completion of the construction work at all on the ground that C does not pay the construction cost. 4) As such, the Plaintiff concerns over the situation where the construction is delayed even after the completion of the instant construction, thereby preventing the Plaintiff from collecting the inputs of the instant construction works, and the materials invested in the instant construction works are collected at all when the follow-up construction is undertaken after the completion of the construction

The Defendant demanded the Defendant to pay rent for the above material, and the Defendant accepted it on March 28, 2018 and agreed between the Plaintiff and the Defendant on March 28, 2018 that KRW 40,000 per ton (TON), and KRW 8,000 per ton (EA) per ton to pay rent for the H lectures, H-type class class class class class class class class class class class class class class class class class class class class class class class class class, and KRW 8,000 per month (EA).

5 The Plaintiff completed all works excluding dismantling works among the instant construction works on or around the end of June 2018, but the follow-up construction did not proceed with the dismantling works for soil and waste facilities construction works. The list and quantity of materials input at the instant construction site is attached to the materials.