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(영문) 의정부지방법원 2018.05.30 2016가단39484

공사대금

Text

1. The Defendant paid KRW 9,905,00 to the Plaintiff KRW 6% per annum from January 5, 2017 to May 30, 2018.

Reasons

1. Summary of the parties' arguments and progress of pleadings;

A. Plaintiff 1) The Plaintiff was awarded a contract with the Defendant for a panel construction among the C plant construction works, and completed that contract, but failed to receive the following construction cost: (1) the Warehouse Construction Corporation (hereinafter “instant warehouse construction”)

(ii) the basic cost of construction is 9.9 million won (including value-added tax; hereinafter the same shall apply) including value-added tax in the absence of any particular statement.

(2) A factory Dong and office Dong Panel (hereinafter “instant factory Dong, etc.”) have not been paid the additional construction cost of KRW 3 million.

The basic construction cost is KRW 81,409,900, the additional construction cost is KRW 25,117,709, and the additional construction cost is KRW 50,200,000 in terms of labor cost, and the Defendant paid KRW 6060,000 in lieu of the equipment cost, and the unpaid construction cost is KRW 50,267,608. 2) The Plaintiff received from the Defendant a contract for the panel work at thischeon D Corporation site (hereinafter “instant D Corporation”) for KRW 28,60,000 and paid the said money after completing the contract. However, the Plaintiff did not receive KRW 808,000 in the additional construction cost.

3) Accordingly, the Defendant is obligated to pay to the Plaintiff the sum of the construction cost unpaid as above, KRW 61,267,608, and delay damages therefor. B. Defendant 1) paid the construction cost after having contracted the panel construction among the construction works for the construction of the so-called factory as follows:

① The construction cost of the warehouse of this case was paid in full on the ground of 9.9 million won, and it was denied that no additional construction was made.

② The construction cost of the instant factory, etc. is KRW 49.5 million, and the additional construction cost is KRW 22 million. The Defendant paid KRW 61,595,000 and the unpaid construction cost is merely KRW 9,905,00.

2) The construction cost of the instant DD Corporation was fully paid on the ground of 28.6 million won, and it was denied that there was no additional construction work. C. The Plaintiff, after the argument in the instant case, was the Defendant 61,267.