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(영문) 창원지방법원진주지원 2015.01.28 2014가합10086

공사대금

Text

1. The Defendant’s KRW 85,327,00 for the Plaintiff and KRW 6% per annum from December 17, 2013 to January 28, 2015, and the following.

Reasons

Basic Facts

The plaintiff is a person who runs a construction business under the trade name B, and the defendant is a corporation that runs a house and civil construction business.

On July 11, 2013, the Defendant, in collaboration with the National Highway Construction Co., Ltd., contracted a subcontract and drawlurging contract with the Plaintiff regarding the main road construction and drainage facilities construction among the above C Maintenance Works (hereinafter “instant contract”), and the main contents thereof are as follows.

o The name of the Do Construction Works: The name of the Do Maintenance Works: The name of the Do Maintenance Works from among the C Maintenance Works: The term of the Do Construction Works and Drainage Works from the Do Maintenance Work: The Do Contract Price for the Construction Work and Drainage System from the Do Maintenance Work: The 80,000 won/m in charge of the Do Maintenance Work and Drainage System: The 750,000 won/household from the drainage system, and the 25th day of the following month for the Do Maintenance Work, and the equipment and other costs have commenced on July 26, 2013 under the instant contract (hereinafter referred to as the “instant construction”): The Plaintiff suspended the construction work on October 3, 2013 at the Defendant’s order.

As of August 30, 2013, the Plaintiff indicated that the Defendant’s subcontracting consortium Co., Ltd., a national highway Co., Ltd., was each supplied, and drafted a tax invoice of KRW 28,237,000 as of August 30, 2013, and of KRW 28,490,000 as for the cost of the drainage facilities and the cost of the construction of drainage facilities, and KRW 34,250,000 as of September 30, 2013.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, and 5 (if there is a serial number, including branch numbers; hereinafter the same shall apply), Gap evidence Nos. 3, witness D's testimony, and the purport of the whole pleadings, are asserted by the parties concerned. ① The plaintiff and defendant shall calculate the plaintiff's claim for construction price against the defendant at the time of discontinuance of construction work on October 3, 2013 according to the contract of this case, but the construction price for August and 9, 2013 has not been completed.