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(영문) 전주지방법원군산지원 2015.07.07 2014가단7341

공사대금

Text

1. The Defendant’s KRW 31,00,000 as well as 6% per annum from August 9, 2014 to July 7, 2015 to the Plaintiff.

Reasons

1. On the premise, the Plaintiff is a stock company on February 10, 2014.

The construction work was suspended due to the delay in the payment of the construction cost while the construction work was being executed with respect to the construction work for the installation of a B-power plant (hereinafter “instant construction work”).

On April 20, 2014, the Plaintiff agreed to complete the instant construction work upon receipt of KRW 104,00,000, total labor cost of KRW 90,000 for Defendant C and the instant construction work, KRW 10,000 for local external construction cost, and KRW 4,00,000 for local materials supply cost of KRW 4,00,00 for local materials (hereinafter referred to as “consultations on April 20, 2014”).

On April 25, 2014, the Plaintiff concluded a contract with the Defendant to complete the instant construction work suspended at KRW 104,00,000 (hereinafter “instant contract”). On May 21, 2014, the Plaintiff completed the instant construction work. On the other hand, the Plaintiff was paid KRW 63,00,000 out of the construction cost of the instant case by the Defendant. [Grounds for recognition] The Plaintiff is a person who has no dispute over the absence of dispute, the evidence Nos. 1 through 3 (including the serial number, and the purport of the entire pleadings as a whole.

2. The Plaintiff asserted that the Defendant is entitled to the payment of KRW 56,27,580, which was paid by deducting KRW 63,000,00 from the total amount of KRW 90,000,000 among the construction cost and of KRW 20,277,580 among the local materials supply cost (= KRW 90,000,000 from the total amount of KRW 90,27,580 from the total amount of KRW 9,000 among the construction cost (=63,00,000), and the local materials supply cost (= KRW 90,000).

3. Determination as to the cause of action

A. According to the above facts of recognition of personnel expenses, the Defendant is obligated to pay the Plaintiff KRW 90,000,000 to the labor cost of the instant case.

B. As seen earlier, according to the instant contract and the agreement dated April 20, 2014, the Plaintiff and the Defendant set the local supply cost of materials at KRW 4,000,000 may be recognized.

However, the witness D's testimony that seems consistent with the plaintiff's argument is difficult to believe, and the witness D's testimony is above.