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(영문) 창원지방법원 2013.05.23 2011가합7994

공사대금등

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 67,313,760 and its amount from September 30, 201 to May 23, 2013.

Reasons

1. Facts of recognition;

A. On July 10, 2010, the Plaintiff was awarded a subcontract by Defendant B Co., Ltd. (hereinafter “Defendant Company”) for the “civil engineering works among the construction works for building sites for two and B and two factories in D, for the construction cost of KRW 771,00,000 (excluding value-added tax) and for the construction period from May 25, 2010 to October 30, 2010.

(hereinafter referred to as the “instant construction,” and the said contract is deemed to be the “instant contract”). B.

On December 3, 2010, the Plaintiff received a subcontract by the Defendant Company for the term “d (D) restoration work in the site of the D (D) factory by setting the construction cost of KRW 27,000,000 (value-added tax separate) and the construction period from November 1, 2010 to December 15, 2010.

(hereinafter referred to as the “instant additional construction”) C.

The Plaintiff discontinued the instant construction work on December 2010, and received KRW 40,250,000 from the Defendants.

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

2. Determination as to the claim against the defendant company

A. The Plaintiff’s assertion is the cause of the instant claim, and the construction was suspended due to the Defendant Company’s responsibility during which the Plaintiff had almost completed the instant construction work. Around September 2010, the Defendant Company agreed with Defendant C to pay the Plaintiff KRW 771,00,00 in total, and KRW 782,377,200 in total and KRW 11,377,200 in loans and civil and civil and civil and cadastral survey costs. Even if not, the Defendant Company is obligated to pay the Plaintiff KRW 771,00,000 in total, KRW 11,377,200 in loans and civil and civil and cadastral survey costs, and KRW 27,00,000 in additional construction costs, KRW 27,00,000 in total, KRW 811,560,200 in total, and thus, the Plaintiff is obligated to pay KRW 400,000 among them.

B. In full view of the purport of the entire pleadings with respect to the statement No. 3 of the agreed amount No. 1 as to the cause of the claim, the Defendant Company agreed with the Defendant C to pay a total of KRW 782,377,200 to the Plaintiff around September 2010.