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(영문) 서울남부지방법원 2017.12.22 2017가단203934

공사대금 등

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 July 18, 2016, the Plaintiff entered into a contract with the Defendant to accept the “construction work for the so-called “building work for the so-called “building work for the so-called underground store” among the “building work for the so-called underground store” located in the center of Jung-gu Incheon, Jung-gu, Incheon, in which the Defendant was awarded a contract (hereinafter “instant contract”) by setting the construction amount of KRW 40,000,000 (excluding value-added tax) and the construction period from July 30, 2016 to August 3, 2016 (hereinafter “instant contract”).

B. Under the instant contract, the Plaintiff: (a) performed the construction of a grodin steel frame; and (b) additionally performed the construction of a ED light board; (c) concluded with the Defendant on September 7, 2016, that the construction amount was KRW 57,498,00 with respect to the instant construction and additional construction; and (d) concluded that the Defendant would settle accounts to pay KRW 30,000,000, more than KRW 28,798,000 after deducting the amount already paid from the amount of KRW 28,798,00,000.

In addition, with regard to the Olympic Park Lighting and the signboard construction work, the Plaintiff made an agreement between the Defendant on the same day to settle and confirm to pay KRW 3,500,000,000 (hereinafter referred to as the “instant agreement”) after setting the construction amount as KRW 5,00,000, which was already paid from that amount, deducting KRW 1,50,000 (hereinafter referred to as “instant agreement”).

C. On September 12, 2016, the Defendant paid KRW 36,850,000 ( KRW 33,500,500,000) ( KRW 3,500,000), which is the value-added tax equivalent to KRW 10%, totaled of KRW 3,350,000 ( KRW 33,50,000,000) of the construction amount determined as above, to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Eul's evidence Nos. 1 through 6, purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. At the time when the plaintiff's assertion 1 is too diverse, and the plaintiff's creditor has a sacrificing in the plaintiff's office every day, and the plaintiff's creditor has a sacrificing in the plaintiff's office. If the defendant does not agree on his/her own amount, the plaintiff puts his/her signature in the settlement agreement without having to drink it.