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(영문) 서울중앙지방법원 2017.04.25 2016가단74577

공사대금

Text

1. The Defendant’s KRW 95,225,113 and KRW 86,568,284 among the Plaintiff, shall be from May 14, 2016 to April 25, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of metal structure and windows construction business, and the Defendant is a company with the objective of a glass installation construction business.

B. A around 2015, around 2015, ordered the construction of the new head office A in Daegu Northern-gu B to the Sung Industrial Co., Ltd., and the chemical industry, during the construction, subcontracted the construction to the Defendant during the period of the high-rise joints and glass installation, and the low-rise joints and low-rise joints and MPG construction.

On April 7, 2015, the Defendant installed a wall in favor of the exterior of the building by using the basic reinforcement method (Micil Gile Giling) of the construction in low-rises SYTSM for the construction.

(hereinafter “instant construction”) re-subcontracted to the Plaintiff.

C. The main contents of the instant construction are as follows.

1) Construction period: Contract amount of KRW 301,40,000 (supply price of KRW 274,00,000,000, value-added tax of KRW 27,400,00) on April 7, 2015 to January 12, 2016) ( value-added tax of KRW 27,400,00), MPG SYSES specific port ⑤ The construction work will progress after submitting the approved drawings and structural calculations prior to the construction.

(7) In favor of an estimated special engineer, the terms and conditions of payment (for an additional work, the details and estimated amount shall be submitted at the time of the occurrence of the additional work, and the work shall be carried out in compliance with the work order, and for an additional work order shall be additionally settled, and there shall be no additional settlement for the portion submitted in the work order) shall be deemed to be a payment condition (for an additional work order, the demand for arrival at the site after re- packing into the e-mail).

D. Partial delay in the supply of glass products offered by the Defendant, the instant construction was extended from January 12, 2016 to March 31, 2016.

The Plaintiff completed the instant construction project on or around March 2016.

E. The Defendant paid KRW 224,200,000 (including value-added tax; hereinafter the same shall apply) to the Plaintiff out of the above construction cost.

[Ground of recognition] The fact that there is no dispute, A.