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(영문) 춘천지방법원강릉지원 2016.07.13 2015가단6278

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 15, 2012, the Defendant (the title corporation as of October 12, 2012, the name corporation, Daeho-N, Inc., Ltd., after the alteration to U.S.C.) received the instant construction from the Korea Southern Power Generation Co., Ltd., Ltd. (hereinafter “Korea Southern Power Development”) for the construction work of the Korea-U.S. integrated office type Nos. 1, 2, 381,602,150 (hereinafter “instant construction work”) for the construction cost (i.e., the supply price of KRW 710,547,409, value-added tax 71,504,741) and subcontracted the subcontracted construction to the Plaintiff on October 15, 2012, the subcontract price calculated by subtracting the value of supply from the original contract amount of value-added tax, and the amount calculated by deducting the premium from the value of supply to the four unit and insurance premium from the supply amount.

(hereinafter “instant subcontracted project”). (b)

The construction cost of the instant construction project was changed to KRW 1,209,782,412 on July 16, 2014, KRW 1,620,418,281 on December 4, 2014 (hereinafter “the second modified contract”), KRW 1,761,309,677 on March 27, 2015 (i.e., value of KRW 1,601, KRW 160,119,061 on value of KRW 160,616 on value of value of KRW 1,601, KRW 190,061 on value of value of KRW 160,00, KRW 119,061 on value of value of KRW 61 on value of the instant construction project; hereinafter “third modified contract”). Each of the reasons for recognition was changed to KRW 1,200, KRW 1-2, and evidence No. 1 through No.

2. Assertion and determination

A. The Plaintiff’s assertion completed the instant subcontract. As such, the Defendant is obligated to pay to the Plaintiff KRW 1,761,309,67, the construction cost of the instant case, plus KRW 66,218,80,06, which is the aggregate of value-added tax 160,119,061, and four insurance premiums and retirement pension premiums for the first,534,971,810, which is 75% of the remainder of KRW 1,534,971,810, and KRW 1,151,228,858.

However, since the defendant paid only KRW 956,305,513 to the plaintiff as construction cost, it is obligated to pay the remainder of KRW 194,923,345 and delay damages.

B. Evidence that the Plaintiff completed all of the construction works under the instant subcontract.