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(영문) 수원지방법원 2016.05.04 2015나20220

공사대금

Text

1. Of the judgment of the court of first instance, KRW 33,026,40 against the Plaintiff and its related thereto, from August 23, 2014 to May 4, 2016.

Reasons

1. Basic facts

A. On September 6, 2012, the Plaintiff: (a) purchased steel-frame production and installation works (hereinafter “instant construction works”) from the Defendant on the B factory site B (hereinafter “B”) (hereinafter “B site”); (b) on September 10, 2012, the Plaintiff paid down KRW 48,900,000 as down payment to the Plaintiff on September 10, 2012, with the amount of KRW 163,00,000 (excluding value-added tax; hereinafter the same shall apply); and (c) on October 15, 2012, the Plaintiff paid the Plaintiff the down payment of KRW 48,90,000.

B. When the Plaintiff and the Defendant could not carry out the instant construction work by October 15, 2012, which is the due date due to the field B’s circumstances, the Plaintiff and the Defendant agreed to settle in the future the amount calculated by deducting the amount of personnel expenses (C) to be borne by the Defendant from the construction cost of KRW 163,00,000,00 from the construction cost, the remainder of the 163,00,000,00,000, from the construction cost, from the total cost of KRW 163,00,00,00,000. (hereinafter “instant modified contract”) and the details thereof are as shown in the attached Form.

C. According to the instant modified contract, the Defendant entered into a subcontract with C on November 20, 2012, setting the amount of KRW 38,000,000 for the installation of boiler rooms in B on the instant construction site, part of the instant construction site, and the Defendant again entered into a subcontract with C on January 7, 2013 for the said construction site at KRW 25,00,000 for the F and the remainder of the said construction site.

From November 2012 to April 2013, the Defendant paid KRW 28,080,99 in total to E, and KRW 15,225,00 in total to D with seal expenses, and KRW 1,820,00 in total with transportation expenses from D to B (= KRW 780,000 in total), and KRW 220,00 in transportation expenses from H to D ( KRW 260,000 in total), and KRW 100,000 in transportation expenses from H to D.

[Ground of recognition] Facts without dispute, Gap Nos. 1, 2 (including virtual numbers; hereinafter the same shall apply), Eul evidence Nos. 1 through 3, 11.