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(영문) 의정부지방법원 2015.04.30 2014가합9233

공사대금

Text

1. The Defendant’s KRW 131,971,794 for the Plaintiff and KRW 6% per annum from September 4, 2014 to December 4, 2014.

Reasons

1. Presumed factual basis

A. On March 2014, the Plaintiff received a subcontract from the Defendant for the removal, construction, and trial operation (hereinafter “instant construction”) of all fire-fighting-related goods among the general electrical construction at the New Year’s department store 20,000 (hereinafter “instant electrical construction”) at the New Year’s stores 1st, 200,000 (excluding value-added tax) and the construction period from March 10, 2014 to July 31, 2014.

B. On August 17, 2014, the Plaintiff was awarded a subcontract with the Defendant for the inspection and repair of the fire-fighting lines (excluding value-added tax) during the instant electrical construction (hereinafter “instant additional construction”) for the contract period of KRW 44,160,00 (excluding value-added tax) and the construction period from August 8, 2014 to September 5, 2014.

C. On September 4, 2014, the Defendant issued to the Plaintiff a statement of accounts reduced from KRW 185,00,000 to KRW 178,791,947.

[Reasons for Recognition] Unsatisfy, Gap 1, 3 (including virtual numbers), the purport of the whole pleadings

2. The assertion and judgment

A. 1) In full view of the purport of the entire pleadings in Gap evidence No. 3, the plaintiff completed the instant construction work and additional construction work on September 4, 2014 and completed the Defendant’s trial run and transfer and takeover system, and it is recognized that the construction cost of the instant case was settled with the Defendant on September 4, 2014, and the Defendant, the principal contractor, is the New World Construction Co., Ltd. (hereinafter “New World Construction”).

(2) The Plaintiff, at the latest around September 4, 2014, shall be deemed to have completed the performance of the instant construction and additional construction and completed the delivery of an object. 2) The fact that the instant construction cost is KRW 203,50,000 (including value-added tax) and the instant additional construction cost is KRW 48,576,00 (including value-added tax), including the instant construction work and additional construction work cost. In full view of the purport of the arguments in the evidence Nos. 2 and 8, the Plaintiff shall be deemed to have completed the performance of the instant construction and additional construction work and completed the delivery of an object.