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(영문) 서울남부지방법원 2016.01.28 2015가합1278

공사대금

Text

1. The Defendant’s KRW 53,832,874 as well as the Plaintiff’s annual rate of 5% from January 15, 2015 to January 28, 2016.

Reasons

1. The plaintiff's assertion that the plaintiff completed the construction work inside and outside the building at five sites ordered by the defendant, and the defendant shall pay the plaintiff the total construction cost of KRW 100,267,581 and delay damages.

2. Determination

A. According to the overall purport of evidence Nos. 1 and 4 of the judgment as to C Construction Works, the Plaintiff entered into a subcontract with the Defendant on May 30, 2013 on the ground that, among D New Construction Works in Guro-gu Seoul Metropolitan Government, the Plaintiff entered into an additional construction contract with the Plaintiff for the construction cost of KRW 134,200,000, and thereafter, the Plaintiff entered into a construction contract with the Defendant for the construction cost of KRW 31,90,000. The Plaintiff completed the construction work under each of the above construction contracts. The Plaintiff received KRW 144,00,000 from the Defendant. According to the above facts, the Plaintiff’s unpaid construction payment for the Plaintiff is KRW 22,10,000 (=134,200,000,31,90,000 - 14,000,000).

B. First of all, according to the purport of the statements and arguments as to E and E and the first additional construction works, the Plaintiff entered into a subcontract with the Defendant on September 30, 2013 for construction cost of 231,00,000 housing expansion and large-scale construction works in Gangnam-gu. After entering into the first contract between the Plaintiff and the Defendant for construction cost of 33,00,000,000, the first additional construction work contract between the Plaintiff was entered into between the Plaintiff and the Defendant. The Plaintiff’s completion of the remaining construction works after excluding the part the Defendant’s termination, the Plaintiff’s direct payment of 21,861,244 won (i.e., steel materials cost of 17,261,244 won) (i., 2,70,000 won in direct payment of metal construction work, 19,000 won in direct payment of 2,700,3705,7000 won in direct payment of construction cost of -370,70605.70