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(영문) 대구지방법원 안동지원 2018.08.22 2017가단4034

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 80,48,00 and the interest rate of KRW 15% per annum from November 29, 2017 to the date of full payment.

Reasons

Basic Facts

Plaintiff

The defendant shall be juristic persons established for the purpose of soil construction business, etc.

On December 22, 2014, the Defendant contracted D Construction from the permanent resident city. On December 22, 2014, between the Plaintiff and the Defendant, the Plaintiff and the Defendant drafted a contract with the Plaintiff, setting the construction cost of KRW 461,120,00 (including value-added tax) and the period of construction from December 22, 2014 to November 12, 2015 (hereinafter “the first contract”).

Around December 2016, the Defendant drafted a written contract (including value-added tax) with the Plaintiff to change the construction cost of the instant case to KRW 386,837,00 (including value-added tax) (hereinafter “the instant secondary contract”) and, around June 2017, respectively, written a written contract (hereinafter “the instant third contract”).

The seals of each plaintiff, defendant, etc. are affixed to each contract of this case 1 through 3.

On the other hand, the Plaintiff completed the instant construction project, and received the payment of KRW 120,00,000 for the completion payment from the permanent resident on December 29, 2015, and KRW 43,000 for the completion payment from the permanent resident on December 26, 2016, and KRW 20,000 for the completion payment from the F on December 29, 2016, and KRW 306,349,00 for the total amount of KRW 123,349,00 for the completion payment from the permanent resident on September 25, 2017 (=120,000,000 for the permanent resident registration).

【In light of the above facts, based on the fact that there is no dispute, Gap 1 through 12 (if there is a serial number, including each serial number), and the overall purport of the arguments, the above basic facts were to determine the cause of the claim, the defendant entered into a contract with the plaintiff on December 22, 2014 to subcontract the construction work of this case in the amount of KRW 461,120,000, and thereafter, according to the agreement between the defendant and the plaintiff, the construction price of this case was finally changed to KRW 386,837,00,000, and finally, the construction price of this case was changed to KRW 387,20,000.