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(영문) 춘천지방법원영월지원 2019.02.14 2017가합10086

공사대금

Text

1. The Defendant’s KRW 24,323,00 for the Plaintiff and 6% per annum from November 25, 2017 to February 14, 2019.

Reasons

Facts of recognition

On June 20, 2016, the Defendant, who conducts construction business under the name of construction contract C, was awarded a contract with D for a construction project that newly constructs two-story neighborhood living facilities (136.5 square meters for each floor) of reinforced concrete structure on the ground of the East Sea (hereinafter “instant construction project”) at the cost of 303,60,000 won (=92 square meters x 3.3 million won per square year).

The Defendant, on the same day, stated that the price for the instant construction work was KRW 285,200,000 as the price for KRW 255,200,000 (standard contract for private construction work) to the Plaintiff. However, the Plaintiff asserted that KRW 255,200,000, which deducted KRW 30 million, was the actual contract price, and the Defendant did not dispute this (the Defendant’s preparatory document dated January 10, 2018). The Defendant agreed to pay KRW 20,000 to the Plaintiff on August 30, 2016 as the price for completion of the scheduled construction work.

On June 20, 2016, the Plaintiff started construction of the instant construction project and suspended the instant construction project with the completion of the structural frame around August 2016.

On September 2, 2016, the Plaintiff and the Defendant discussed the progress of construction, etc., and at the time, the Defendant drafted the following documents (Evidence A 2, hereinafter “instant document”).

On September 7, 2016, the Plaintiff was faced with a fall accident requiring approximately eight weeks of medical treatment, and thereafter failed to proceed with the instant construction work.

The Plaintiff completed most of structural structures, including completing concrete strings, until the discontinuance of the instant construction work, but did not complete partial strawing dissolution.

Witness

The F testified from this Court to the effect that “generally, it shall be deemed 40% of the fair rate at the time of completion of the structural construction work,” while the Defendant himself was present at the 8th date for pleading and stated to the effect that “generally, it shall be deemed that the fair rate at the time of completion of the structural construction work is 35% at the construction site.”

Of the testimony recording files, it shall be seen to be the second one. On the other hand, the defendant.