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(영문) 부산지방법원서부지원 2020.12.03 2019가단102268

공사대금

Text

The defendant shall pay 23,00,000 won to the plaintiff and 5% per annum from January 1, 2019 to August 29, 2019 and the next day.

Reasons

Basic Facts

On May 23, 2018, the Plaintiff entered into a contract with the Defendant for construction works on the heat-fighting facilities of Ulsan-gu, Ulsan-gu (hereinafter “instant contract”) (hereinafter “instant construction works”); the construction cost was KRW 150 million (excluding value-added tax); the construction period was from May 23, 2018 to December 31, 2018; and the payment was made in cash for the last two months.

The Plaintiff, along with D, confirmed only the underground floor during the construction site of this case with D as the site manager, and had no survey on the other floors, and started the construction of this case in advance, according to the starting drawings provided by the Defendant without having been conducted.

However, in the process of the actual construction, the entrance and the entrance to the installation site of the production pipe was not in line with the entrance and the entrance to the entrance, and the method of assembling that the pipe and the press are made by inserting it into the entrance, the method of opening the pipe itself into the rooftop to enter the entrance, and the method of partly revising the pipe, and thereby, the personnel expenses and material expenses were added.

The Fire Services Corporation, including the instant construction, completed around January 2019.

The Defendant paid the Plaintiff the construction cost of KRW 30 million on September 21, 2018, KRW 10 million on July 12, 190, KRW 20 million on December 14, 199, and paid the Plaintiff KRW 14 million on January 10, 2019.

D presented to the Plaintiff a demand for direct payment of KRW 68 million as personnel expenses of the human resource team operated by D, and on December 19, 2018, the Plaintiff presented a document on “request for direct payment of wages” with the purport that “the sum of wages is KRW 68 million as the Plaintiff requested direct payment of personnel expenses because the amount of the instant construction works is not smooth,” the total amount of wages is separate from the material cost, and the wages concerning the content of the Defendant’s direct work order are irrelevant to the Plaintiff.”

G of the defendant's on-site is around that time.