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(영문) 인천지방법원 2015.02.13 2013가단97877

공사대금

Text

1. The Defendant’s KRW 12,913,572 to the Plaintiff, as well as 5% per annum from November 1, 2013 to February 13, 2015.

Reasons

1. Basic facts

A. Around July 2013, the Plaintiff entered into a construction contract with the Defendant for the purpose of using heat energy (at least 150 meters in diameter, 150 meters in depth, 150 meters in diameter, 2 pieces in mouths), and with respect to the dialing construction work (hereinafter “instant construction work”), including support for geothermal and events (hereinafter “instant construction work”), with a construction cost of KRW 5,500,000 per household (excluding value added tax).

B. The Plaintiff completed the instant construction project with respect to six households by September 30, 2013. The Plaintiff received KRW 2,500,000,000, in total, from the Defendant, for the construction cost of the instant case, KRW 1,500,000 on September 26, 2013 and KRW 2,50,000 on September 27, 2013.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 3, and 4-1 to 4

2. Determination

A. (1) According to the above facts, the construction cost of this case to be paid to the plaintiff is 36,30,000 won per household = 5,500,000 won x 6 households x (100% value-added tax x 10%). The plaintiff is 2,50,000 won paid by the defendant to the new gas station on behalf of the plaintiff and 10,986,428 won for light oil paid by the defendant to the new gas station on behalf of the plaintiff, and the claim of this case is filed in amount deducted from the construction cost of this case.

(2) Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the instant construction project (i.e., KRW 36,300,000 - KRW 2,500,000 - KRW 10,986,428), barring special circumstances.

B. The Defendant’s assertion as to the Defendant’s assertion (1) asserts that ① the Plaintiff shall pay the Plaintiff the construction cost of the instant case KRW 1,837,00 on July 31, 2013, KRW 6,064,828 on August 31, 2013, KRW 3,084,60 on September 30, 2013, KRW 84,60 on November 5, 2013, KRW 17,500 on September 17, 2013, KRW 13,486,428 on September 27, 2013, KRW 13,00 on KRW 13,486,428 on September 27, 203, KRW 200 on the Plaintiff’s direct payment agreement, KRW 10,00 on KRW 40,00 on KRW 3,00 on September 30, 200 on the Plaintiff’s direct payment.

(B) The Plaintiff’s KRW 2,500,000 from the Defendant.