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(영문) 대전지방법원서산지원 2015.04.15 2014가단224

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 34,361,250 and the interest rate of KRW 20% per annum from May 31, 2014 to the day of complete payment.

Reasons

1. The parties’ assertion that (1) around June 22, 2013, the Plaintiff concluded a contract for the mid-term construction with the Defendant (a equipment lease contract) and completed the construction work equivalent to KRW 34,361,250 (including value-added tax) from around that time to July 23, 2013.

② From December 26, 2011 to May 24, 2013, the Defendant subcontracted the Plaintiff with the construction ofter destruction, including the equipment rental, and received a tax invoice of KRW 13,530,000 from the Plaintiff at the time of completion of the construction. The Defendant asserts that this construction is the only construction subcontracted to the Plaintiff by the Defendant.

2. According to the overall purport of the arguments and arguments by Gap evidence Nos. 1 through 6, Eul's testimony (which may be trusted in light of the relationship between the witness and the defendant, and the attitude and content of the testimony) and Eul's testimony, it can be acknowledged that Eul, an employee of the plaintiff, participated in D Improvement Works under the direction of the head of the field office, who is an employee of the defendant, and that the rent for equipment and the construction cost that the defendant did not pay to the plaintiff are 34,361,250 won (including value-added tax).

The plaintiff's claim is justified.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.