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(영문) 광주지방법원 2019.05.16 2018가단531958

공사대금

Text

1. As to the Plaintiff KRW 37,510,00 and KRW 550,00 among them, the Defendant shall pay to the Plaintiff KRW 37,510,00 from August 26, 2017, KRW 2,200,00.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff is an entrepreneur who performs interior interior interior interior interior decoration with the name of “C”, and the Defendant is a corporation that conducts interior construction business. 2) The Plaintiff was awarded a contract from the Defendant from August 2017 to April 2018 for interior interior interior interior interior interior interior decoration and removal work, and the Plaintiff’s construction site and construction cost not paid by each field, and the issue date of tax invoice for construction cost are as shown in the attached Table. The Plaintiff’s construction cost not paid by each field and the construction cost not paid by each field are KRW 37,510,000 in total.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the construction cost of KRW 37,510,000 and the construction cost that has not been paid for each construction site among them. As a result of the completion date of construction, 5% per annum under the Civil Act from October 17, 2018, which is the delivery date of a copy of the complaint in this case from the date indicated in paragraph (1) of this Article, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.

2. The defendant's assertion asserts that KRW 5,500,000 of the above construction price was repaid by the method of transferring the claim for construction price that the defendant would receive from a third party to the plaintiff.

Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 2 and 3, the Defendant’s claim for construction cost of KRW 5,500,000 that was transferred to the Plaintiff around July 24, 2018 is related to the interior works of the building located in Gangseo-si, Gangwon-si, which the Defendant performed, and the Plaintiff was awarded a subcontract for the interior works of the building in question by the Defendant, and the Plaintiff received a claim for construction cost of KRW 5,500,000 from the Defendant to receive payment for the subcontracted construction cost from the said building.

Therefore, the evidence submitted by the defendant alone is out of the construction cost of this case.