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(영문) 울산지방법원 2017.05.25 2016가합21977

공사대금

Text

1. The Plaintiff, the Defendant Geum River Chang-gu Co., Ltd., the 136,195,523 won, and the development of the technologies of the Defendant Seobong-gu Co., Ltd., the 21,763.

Reasons

1. Determination as to the claim on the development of Defendant’s new salary grade

A. From October 8, 2012 to June 13, 2013, the Plaintiff, as indicated in the claim, supplied creative materials, etc. to Defendant New Salary Development, and did not receive KRW 21,763,137 out of the material cost, and thus, Defendant New Salary Development is obligated to pay to the Plaintiff the total amount of the remainder of the material cost, KRW 21,763,137, and delay damages.

B. Article 208(3)3 of the Civil Procedure Act of the applicable law

2. Determination as to the claim against Defendant Geum Chang-chul-gu's meritorious services

A. The plaintiff 1) filed a claim for the cost of creative construction with the defendant Geum River Corporation for the payment of KRW 302,128,200 (including value-added tax; hereinafter the same shall apply) for the cost of the construction of the Ulsan Factory Project in the defendant Geum River Corporation for the payment of KRW 147,296,567 for the cost of the construction of the factory in the company B (hereinafter the "each of the instant creative construction works"), and the cost of the construction of the permanent factory in the company B for the payment of KRW 350,156,50 for each of the original construction works, and the defendant Geum River Corporation for the payment of KRW 350,268,267 for each of the remaining costs to the plaintiff for the payment of the construction work in the aggregate amount of KRW 302,128,200 for each of the original construction works (i.e., the Ulsan Factory Corporation for the payment of KRW 147,296,567,505).

B) After completion of each of the construction works, the Plaintiff of the Geum River Construction Co., Ltd. decided to settle the construction cost again. Considering the part of the Plaintiff’s claim for construction cost, including all the materials used without actual estimate and the materials used, and the part of the Defendant Geum River Construction Co., Ltd.’s direct repair of the Plaintiff’s non-construction defects and construction defects, the final construction cost should be adjusted to KRW 381,621,440 (i.e., Ulsan Factory 257,422,838 Permanent Residential Factory 124,198,602). Accordingly, if Defendant Geum River Construction Co., Ltd deducteds the construction cost of KRW 350,156,50 (i.e., the unpaid construction cost of KRW 31,464,940 (i.e., KRW 381,621, 400, KRW 350,506,000).