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(영문) 수원지방법원안산지원 2016.07.13 2015가단16057

용역대금등

Text

1. The Defendant’s KRW 31,434,035 as well as the Plaintiff’s annual rate from June 30, 2015 to July 13, 2016.

Reasons

1. Under the underlying facts, there is no dispute between the parties, or evidence Nos. 1, 2, 3-1 through 5, 6, 1, 7-1, 2, 8, 9-1, 9-2, and 1, 1, 2, 1, 3-1, 3-5, 6, 7-1, 7-2, and 7-1, and 9-2, and there is no counter-proof.

The plaintiff is a person who conducts construction floor construction business, etc. in his trade name, and the defendant is also a person who operates D who conducts construction floor construction business, etc.

B. From October 21, 2014 to November 21, 2011 of the same year, the Defendant ordered the construction of the floor decline from the F point 1 to the fiveth floor in E’s luminous time. Of that, the Defendant subcontracted the Plaintiff with the construction of the floor decline in the floor of the third and fifth floor, and warehouse.

C. The Plaintiff, under the above subcontract, was awarded a so-called labor contract that only provides labor for the floor decline work. In the first time, the construction cost was set at the unit price of KRW 2,500 or KRW 3,000 per floor size, but the Plaintiff demanded the Defendant to change the increase in the unit price of KRW 3,500 per floor size and between the Plaintiff and the Defendant around October 2014, to increase the unit price of KRW 3,500 per floor size.

During the above construction, the part of the warehouse of G, at the request of the Plaintiff, where the Defendant was performing the floor-sloping construction, was changed to directly receiving supply from G, and the part of the construction was also the Plaintiff.

E. The plaintiff completed the subcontracted construction, and the defendant paid 20 million won out of the contract price to the plaintiff.

2. Determination as to the claim for construction price under an agreement

A. (1) The plaintiff asserts that this part of the claim is the cause of this claim, and the floor area constructed by the plaintiff is 26,356.3 square meters, and the defendant is obligated to pay KRW 80,908,875 to the plaintiff when calculating the unit price in accordance with this agreement.

(2) As to this, the Defendant shall agree on the increase of the construction cost as above.