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(영문) 서울동부지방법원 2017.11.10 2016가단114638

공사대금

Text

1. The Defendant paid KRW 38,387,200 to the Plaintiff KRW 6% per annum from July 7, 2016 to November 10, 2017.

Reasons

1. Basic facts

A. The Defendant, with the trade name of “No Smart Smart”, ordered the construction of the store interior interior interior interior interior interior of “No smart B” and “No smart C” from the distribution of No. S. Co., Ltd. operating a large discount store.

B. In relation to Nowon Smart C, the Defendant ordered the Plaintiff to manufacture and install the internal and external signboards to be installed in the store (hereinafter “instant store C”) on January 2016, and the Plaintiff completed the construction work around March 2016.

On March 14, 2016, the Plaintiff submitted a written estimate of KRW 41,862,00 (excluding value-added tax) to the Defendant, and the Defendant confirmed the construction price as KRW 35,200,00 (including value-added tax) upon consultation with the Plaintiff.

After the completion of construction, the defendant ordered the plaintiff to install the internal signboard, completed the relevant additional construction, and the additional construction cost is KRW 2,239,600 (including value-added tax).

C. On March 16, 2016, the Defendant ordered the Plaintiff to produce and install external signboards inside and outside the store (hereinafter “instant B”), and the Plaintiff submitted a written estimate of KRW 24,310,00 (including value-added tax) for the external signboards around March 28, 2016, and a written estimate of KRW 14,757,60 (including value-added tax) for the internal signboards around April 5, 2016.

The plaintiff completed the construction work on April 2016. D.

The Defendant paid KRW 28,00,000 to the Plaintiff out of the construction cost of the instant store C.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings]

2. Determination as to the claim for construction price related to the instant C points

A. According to the above facts of determination as to the cause of claim, the defendant shall deduct the construction cost of KRW 37,439,600 under the agreement from the plaintiff [= KRW 35,200,000, KRW 239,600], unless there are special circumstances, the construction cost of KRW 28,000,000 already paid to the plaintiff.