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(영문) 부산지방법원 2015.09.02 2013가합20079

공사대금

Text

1. The Defendant’s KRW 266,369,60 for the Plaintiff and KRW 6% per annum from August 16, 2013 to September 2, 2015.

Reasons

Basic Facts

C Co., Ltd. (hereinafter referred to as “C”) had suspended and resumed the said construction work for several years on the ground of the third and third underground floors and the 8th floor size on the ground of Kimhae-si (hereinafter referred to as “instant building”), and then ordered the Defendant to build the instant building on November 15, 2012.

Around January 25, 2013, the Defendant entered into a subcontract with the Plaintiff on the condition that the construction work for steel reinforced concrete (hereinafter “instant construction work”) among the new construction works for the instant building should be subcontracted to the Plaintiff, and the volume of the construction work should be verified at the time of completion of construction, and the construction work should be settled based on the construction cost and the construction cost should be paid based thereon (hereinafter “instant subcontract”), and the statement of material cost, labor cost, unit cost, and safety management expenses based thereon should be attached thereto.

On March 2013, the Plaintiff submitted to the Defendant a contract statement of KRW 1,035,784,30 of the total construction cost (including value-added tax) with the volume of construction work under the instant subcontract, and the Defendant maintained the volume of construction work as it is. However, the Defendant submitted a contract statement of KRW 1,242,941,00 (including value-added tax) with the total construction cost increased by 20% of the total construction cost and the unit price for labor cost, and the standard subcontract form for the construction work based thereon to the Busan Dental Credit Union (hereinafter “Credit Union”).

A credit union transferred the payment for the completion of the construction cost of this case to the bank account in the name of C upon request of C for the payment for completed portion, and C paid the Plaintiff KRW 831,474,400 in total with the payment for completed portion of the construction cost of this case three times.

The Plaintiff completed the instant construction work around July 31, 2013.

【In the absence of any dispute, it shall include the evidence of Gap 1 to 3, evidence of Eul 1 to 6, and evidence of Eul 12.