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(영문) 인천지방법원 2018.06.07 2017나55988

공사대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 8,393,00 on April 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company that operates the unregistered construction business, etc., and the Defendant, a company that conducts construction business, etc., was changed from C to the present trade name on February 22, 2016.

B. Around July 2015, the Defendant entered into a contract for the construction of a new site neighborhood living facility in Seocho-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City) with the Defendant on July 20, 2015. On July 20, 2015, the Defendant entered into a contract between the Plaintiff and the Plaintiff for the construction cost of KRW 85,800,00 of the construction cost, as the standard construction contract (Evidence A 3) under the following (hereinafter “instant construction”).

Standard contract for construction works (Evidence A 3)

1. Project owner: The name of the original contract for the inland and supervisory system: New construction of neighborhood living facilities;

2. Title of subcontracted project: Artistic, waterproof and lighting works among new construction works of D neighborhood living facilities;

3. The construction site: D in Seo-gu, Seocheon-gu, Seocheon-gu.

4. Construction period: Amount of contract from July 21, 2015 to September 5, 2015: 85,800,000 won - Value-added tax - Value-added tax 7,800,000 won - Value-added tax 7,80,000 won;

6. Payment of the price;

(a) Advance payment: No one;

(b) Part payments: 70,200,000 won (excluding value-added tax);

(c) Balance: The subcontractor’s trade name on July 20, 2015 (excluding value-added tax): A corporation (Defendant): The representative director of A corporation (Plaintiff): the representative director’s seal is affixed) representative director;

C. On September 24, 2015, the Defendant paid the Plaintiff KRW 20,00,000, and KRW 15,937,000 on October 26, 2015, and KRW 18,000 on October 30, 2015, and KRW 17,970,000 on November 16, 2015, and KRW 71,907,00 on a total of KRW 17,970,00 on June 16, 2015, and paid the remainder of KRW 13,893,00 (=85,800,000 - KRW 71,907,000) to the Plaintiff.

On November 2015, the Plaintiff completed the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5-1 to 3, 6-1 to 4, the purport of the whole pleadings

2. As seen earlier, the Plaintiff is obligated to pay the construction cost in the instant case around November 2015.