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(영문) 서울남부지방법원 2017.05.16 2015가단55056

공사대금

Text

1. The Defendant’s KRW 75,575,423 as well as the Plaintiff’s KRW 6% per annum from October 31, 2015 to May 16, 2017, and the following.

Reasons

1. Basic facts

A. The Plaintiff was re-subcontracted by the Defendant for the following construction works:

1) C Location Corporation (hereinafter “One Corporation”)

() Construction name: The construction name of the construction project located in the F (hereinafter “Second Construction Project”) from November 28, 2014 to June 15, 2015, among the “D New Construction Project”: The construction site of the building project located in the Gwanak-gu Seoul Special Metropolitan City E and two parcels: The construction site of the building project located in the Seoul Special Metropolitan City E to June 15, 2015 (hereinafter “D New Construction”): The construction site of the G Multi-household Construction Project: the construction period of the first half of November 2014 to February 10, 2015.

B. From the end of May 2015, the Plaintiff and the Defendant concluded the first construction contract around the end of May 2015, and the second construction contract was completed.

[Ground for Recognition: Facts without dispute, entry of Gap evidence 1-1-3, witness H's testimony, purport of whole pleadings]

2. The parties' assertion

A. The Plaintiff’s assertion 1) With respect to the enhancement of the first construction work as a total of KRW 164,08,500, the amount of the first construction contract is KRW 132,000,000, when the amount of the first construction contract is KRW 167,400,000.

B) In relation to the second construction work, the contract amount of the second construction work was completed at KRW 32,08,50,000. (c) Accordingly, the total contract amount to be paid by the Defendant is KRW 164,08,500 in total.

2) The construction cost received by the Plaintiff is 82,434,227 won in total. 3) The Defendant paid 6,131,500 won in total to the Plaintiff’s employees, etc. under the pretext of personnel expenses, etc.

4) Accordingly, the Defendant is obligated to pay to the Plaintiff KRW 114,559,173 (164,08,500 - 82,434,227 - 6,131,50 won - 39,036,400 won in total, which the Plaintiff lent to the Defendant or the Plaintiff settled on behalf of the Defendant.

B. The Defendant’s assertion 1) With respect to the enhancement of the first construction work as a total of KRW 130,845,000, the amount of the first construction contract is KRW 145,500,000, and the amount of the first construction contract is KRW 112,155,000.

B. With respect to the enhancement of the second construction works, the amount of the second construction contract shall be 18,690.