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(영문) 대전지방법원 2015.09.24 2015가단10193

공사대금

Text

1. The Defendant’s KRW 187 million to the Plaintiff, as well as 5% per annum from July 24, 2015 to September 24, 2015.

Reasons

1. Facts of recognition;

A. On June 201, the Plaintiff, as a contractor and on-site agent, concluded a contract with the Defendant, a contractor and a contractor, for the new construction work of the Dong-gu Daejeon Housing Construction Project (hereinafter “instant new construction work”), as follows (hereinafter “instant construction contract”).

The name of the construction site: The scheduled date for commencement of the relevant construction site of the Daejeon-gu Seoul Special Metropolitan City C: The scheduled date for completion of the relevant construction project on July 31, 201: the construction cost: 390 million won on December 31, 201.

B. At that time, the instant new construction project is under a special contract with the owner’s direct management, and the site agent, within the scope of the agreed construction cost, shall act on behalf of the owner in accordance with the drawings for the instant construction project, including the progress of construction and administrative work, the selection of a subcontractor and the disbursement of construction cost, and the owner of the building shall transfer the construction cost to the site agent’s head at the request of the site agent each month

C. On January 2012, the Plaintiff completed the instant new construction work by completing multiple houses (1st floor area of 82.99 square meters, 2nd floor area of 107.03 square meters, 107.03 square meters, 3rd floor area of 107.03 square meters, hereinafter “instant housing”) on the land of Dong-gu Daejeon-gu, Daejeon.

As the payment of the instant construction cost to the Plaintiff, the Defendant paid KRW 2.9 million on September 28, 201, KRW 50 million on January 6, 2012, KRW 36 million on January 28, 2012, KRW 280 million on February 28, 2012, KRW 29 million on the aggregate of KRW 3 million on the industrial accident insurance deposit, and KRW 3 million on February 28, 2012 (i.e., KRW 50 million).

[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 2-2, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the Plaintiff’s cause of claim, barring special circumstances, the Defendant shall pay the Plaintiff the construction price of KRW 187 million, which is 197 million, to the Plaintiff, KRW 396 million, and KRW 29 million, the construction price already paid at KRW 396 million.