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(영문) 전주지방법원 2018.10.24 2016가단27285

공사대금

Text

1. The Plaintiff:

A. Defendant Sungwon Engineering Co., Ltd.: KRW 17,300,000 and this shall be applicable thereto. < Amended by Presidential Decree No. 27514, Sep. 29, 2016>

Reasons

1. Facts of recognition;

A. The Defendant Sungwon-gu Co., Ltd. (hereinafter “Defendant Sungwon”) ordered the “C Apartment Construction Co., Ltd.” (hereinafter “instant apartment construction”) to the executor, who ordered the “C apartment Construction Co., Ltd.” (hereinafter “the instant apartment construction”) at the time of Jeonjin-gu, Seoul, Seoul, and the Defendant Daedae Construction Co., Ltd. (hereinafter “Defendant Taejin Construction”) entered into a contract on December 18, 2013 with the construction cost of KRW 27.36 billion on December 18, 2013, and changed the construction cost of KRW 28.624 million on November 13, 2014.

B. On October 30, 2015, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant Daean Construction Co., Ltd. by setting the construction cost of 19.59 million won (excluding value-added tax) and the construction period from October 30, 2015 to November 20, 2015. Of the instant apartment construction, the Plaintiff agreed to pay 3.3 million square meters per square meter for 3.3 million square meters for the instant apartment construction project exceeding the area (1,200 square meters) stipulated in the instant subcontract.

At the time of the instant subcontract, it was agreed that 60,000 won per square meter shall be applied to the construction of damp-dong water reticulate.

C. In addition, the Plaintiff, at the request of Defendant Daedae Construction, additionally performed a damp-dong water re-construction project and a damp-style stone construction project on the front of 7.28 square meters in front of the entrance and exit of the instant apartment, which is equivalent to 95.44 square meters. The Plaintiff reconstruction a damp-style stone construction project on the floor of 8.82 square meters in the main entrance and exit of the 103rd ground-based 103 apartment building and the main entrance and exit of the instant apartment building (hereinafter “instant reconstruction part”).

The Plaintiff completed all of the above construction works around December 2015.

E. On February 19, 2016, Defendant Taesung Construction agreed to pay 17.3 million won to the Plaintiff directly to the Plaintiff when it issued a lien and a written agreement on the waiver of the lien to the Defendant Sungwon. Around February 22, 2016, the Plaintiff’s claim against the Defendant Sungwon against the Plaintiff.