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(영문) 대구지방법원 2018.12.07 2018가단647

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 59,974,00 and the interest rate of KRW 15% per annum from December 12, 2017 to the date of full payment.

Reasons

1. Chief;

A. The plaintiff and the defendant are companies engaged in each electrical construction business.

B. The Defendant entered into an annual maintenance and repair agreement with the Korea Highway Corporation in 2017 - C Electric Facilities in 2018, and the Plaintiff and the Plaintiff on March 1, 2017 for some of the construction works under the said agreement.

6. The second subcontract (the instant subcontract) was concluded.

B. However, the construction price for the first construction among the construction works under the instant subcontract is KRW 15,00,000, and the construction price for the second construction is KRW 59,974,000. The Defendant paid KRW 15,000,000 among the above construction price, and did not pay KRW 59,974,000 for the second construction price.

C. Therefore, the plaintiff seeks a judgment as stated in the purport of the claim to the defendant.

2. According to each statement of evidence Nos. 1 through 6 (including branch numbers) and witness D’s testimony, it can be acknowledged that the Plaintiff entered into the instant subcontract with the Defendant orally. The Defendant’s secondary construction cost following the instant subcontract can be acknowledged as having borne the Plaintiff’s liability for the total construction cost of KRW 15,290,00,000, transport cost of KRW 2,750,000 (individual E), KRW 4,400,000 (F Company G), KRW 3,520,00 (H Company, I), KRW 11,30,000, KRW 111,330,000 (K), 3,190,000 (L), 3,190,000 (L), labor cost of KRW 3,060,000, KRW 14,674,000, and KRW 709,509.

Therefore, the defendant is obligated to pay to the plaintiff 59,974,00 won with 15% interest per annum from December 12, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case (payment order).

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is justified.