beta
(영문) 수원지방법원 2020.11.12 2020가단10660

공사대금

Text

1. The defendant's KRW 109,247,00 for the plaintiff and 5% per annum from June 16, 2020 to November 12, 2020 for the plaintiff.

Reasons

1. Basic facts

A. On April 22, 2019, the Plaintiff and the Defendant concluded a construction contract with a construction cost of KRW 280,500,000 on the board and Changho Construction among the construction works of the Mat-si, Osan-si.

From June 18, 2019 to October 25, 2019, the Defendant paid to the Plaintiff a total of KRW 228,700,000 out of the above construction amount.

B. On October 28, 2019, the Plaintiff and the Defendant concluded a construction contract with the construction cost of KRW 73,700,000 on the board, metal, and Changho Construction among the new construction works of the Gosi-si Neighborhood living facilities in the wife population D.

From March 10, 2020 to May 6, 2020, the Defendant paid to the Plaintiff the sum of KRW 64,000,000 out of the above construction amount.

C. On October 28, 2019, the Plaintiff and the Defendant concluded a construction contract with construction cost of KRW 170,500,000 for the board, metal, and creative construction among the new construction works of the E neighborhood living facilities in Yongsan-si.

The defendant paid 41,053,000 won of the above construction cost.

The Plaintiff and the Defendant concluded a construction contract that sets forth KRW 14,300,000 as to the creative installation works of Osan-si.

On December 10, 2019, the Defendant paid KRW 8,000,000 to the Plaintiff.

E. The plaintiff completed the above construction work, and the defendant paid 88,000,000 won to the plaintiff around July 2020.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including each number, if any) and the purport of the whole pleadings

2. According to the above facts of determination, the defendant's construction cost of KRW 109,247,00 (=280,50,000, KRW 73,700,000, KRW 170,500,000 - KRW 228,700,000 - KRW 64,000 - KRW 41,053,000 - 8,000,000 - 88,000,000,000 - 88,000,000,000 on June 16, 2020 following the delivery of a copy of the complaint of this case, it is reasonable to dispute over the existence or scope of the defendant's duty to perform until November 12, 202, the next day of the judgment of this case, which is the date of the decision of this case, to the day of complete payment, etc.

참조조문