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(영문) 수원지방법원 2020.06.23 2019가단547852

공사대금

Text

1. The Defendant’s KRW 29,69,000 for the Plaintiff and 5% per annum from May 29, 2019 to June 23, 2020.

Reasons

1. Basic facts

A. The Plaintiff is a person who carries on each construction business with the trade name “D” in the Yeongdeungpo-gu, Suwon-si C, and the Defendant is a person who carries on each construction business with the trade name “F” from the Suwon-si E and the third floor of Suwon-si.

B. The Plaintiff was awarded a subcontract from the Defendant for the pipeline construction among the construction works for the construction of a canal wells in the Yeongdeungpo-gu Gympis (hereinafter “instant construction works”).

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 2, and the purport of whole pleading

2. Determination as to the cause of action

A. According to the statements in Gap evidence Nos. 2 through 5 as to the first wage and construction cost, ① the plaintiff was awarded a subcontract for the instant construction work from the defendant to KRW 2,433,00 (wages and value-added taxes separately) and completed around November 2018, and received KRW 13 million out of the construction cost (excluding value-added tax). ② The plaintiff was paid the Plaintiff’s share of 5.3 million in total from October 13, 2018 to November 6, 2018 (Gong140,000 won x 50,000 won). ③ The fact that the plaintiff reduced the balance of the construction cost to the defendant from KRW 1,330,000 in total from KRW 1,433 million in total and KRW 1,630,00 in KRW 5.3 million in total and KRW 1,6360,000 in total.

Therefore, the primary wage and construction cost to be paid by the Defendant to the Plaintiff are KRW 17,193,00 (=1,5630,000 x 1.1).

B. According to the evidence evidence evidence No. 5 as to the second wage, it is acknowledged that ① the Plaintiff’s wage for the machine and equipment invested in the instant construction from November 14, 2018 to January 16, 2019 was the aggregate of 1,4460,000 won, ② the Plaintiff’s first dispatch to the instant construction work for 36 days from September 18, 2018 to November 3, 2018, and the said wage was the aggregate of 7,200,000 won (=36 days x 200,000 won) to the Defendant.

Therefore, the second wage to be paid by the defendant to the plaintiff is 22,506,00 won [=(14.6 million won) x 1.1].

C. The defendant, barring special circumstances, according to the theory of lawsuit.