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(영문) 서울남부지방법원 2018.02.08 2016가단48468

공사대금

Text

1. The Defendant’s KRW 5,835,00 for the Plaintiff and its related KRW 6% per annum from March 11, 2017 to February 8, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs construction business, such as mutual glass, metal, windows, etc., with the trade name “D” in Bupyeong-si, Seocheon-si C.

B. The Plaintiff concluded the following construction contracts that the Defendant and the Plaintiff contracted for construction work from the Defendant and completed the construction work.

1) On December 5, 2011, the Defendant: (a) around December 5, 2011, the interior works for the interior works of the interior works of the 8th floor building located in Daejeon E (hereinafter “ Daejeon E works”).

(2) Around July 17, 2013, the Plaintiff entered into a construction contract with the owner of the building project, and around January 10, 2012, the Plaintiff completed the construction project as above. (3) Around July 17, 2013, the Defendant entered into a construction contract with the Plaintiff to conclude a contract for the construction of interior works of “H” on the first floor of the building located in Dongdaemun-gu Seoul Metropolitan Government (hereinafter “I”) in front of the fixed term of Gschool located in Seoul, and the Plaintiff completed the interior works on August 10, 2013.

3) On October 15, 2014, the Defendant is called the “K Corporation” for the interior of the cafeteria building of the “K” cafeteria located under the Goyang-si J of Yongsan-si (hereinafter referred to as “K Corporation”).

(4) Around November 1, 2014, the Plaintiff entered into a contract for construction works, and the Plaintiff completed the interior works on October 30, 2014. On November 1, 2014, the Defendant entered into a contract under which the third floor Mate works (hereinafter “water station M works”). The Plaintiff completed the construction works on December 10, 2014.

C. The Defendant paid the construction price to the Plaintiff as follows.

1) The Defendant repaid to the Plaintiff KRW 25 million on July 19, 2013, and KRW 1 million on July 27, 2013 (no dispute over the fact that the repayment is the construction cost of I Corporation).

(2) On October 17, 2014, the Defendant repaid to the Plaintiff KRW 1500,000 as the construction price of the KK Corporation.

(3) The Defendant paid to the Plaintiff KRW 3 million as construction price on October 24, 2014, KRW 10 million on November 4, 2014, and KRW 1500,000 on December 31, 2014 (this payment is the first installment).