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(영문) 대구지방법원경주지원 2016.10.06 2015가단5647

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 65,575,00 and the interest rate of KRW 15% per annum from December 12, 2015 to the date of full payment.

Reasons

1. Basic facts

A. On May 26, 2014, the Plaintiff entered into a construction contract with the Defendant for a construction project with the amount of KRW 84,700,000 (including value-added tax) of the construction cost for the eclasch-gun B Multi-household Construction Project (four Dongs). The Plaintiff completed the said construction project on October 2014.

B. The Plaintiff and the Defendant, among the new construction of the above multi-household housing, shall add crate construction to one unit, and the construction cost was determined as KRW 21,175,00 (including value-added tax), and the Plaintiff completed the said construction around November 2014.

C. Around December 2014, the Plaintiff entered into a contract for construction with the Defendant for a construction project with the cost of KRW 16,500,000 (including value-added tax) with respect to the crate construction work during the crate construction project. The Plaintiff completed the said construction project on January 2015.

From November 7, 2014 to February 17, 2015, the Defendant paid the Plaintiff KRW 59,000,000 as the construction price.

【Ground of recognition】 The facts without dispute, Gap evidence Nos. 1, 2, and 4 (including paper numbers), the purport of the whole pleadings

2. Determination as to the existence and scope of the Defendant’s obligation to pay the construction price

A. The first summary of the claim on the part of the rent for power generation related to B multi-household construction, the Plaintiff asserts that the Plaintiff is obliged to pay 2,200,000,000,000 won for the rent for power generation, in addition to the construction cost acknowledged in the above basic facts, since the Plaintiff leased and used the power generator for the construction site in the process of performing the ecrate construction among the above new multi-household construction works, and agreed to settle the rent for power generation between the Defendant

As to this, the defendant confirmed that the plaintiff used a studio building by using a power generator to use electricity, and said that the plaintiff would use electricity from the electric studio in the electric studio, and accordingly, the plaintiff and the defendant will generate electricity between the plaintiff and the defendant.