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(영문) 서울남부지방법원 2016.08.18 2015가단54244

공사대금

Text

1. The defendant shall pay to the plaintiff 3,650,000 won and shall be fully paid from the next day of the service of the original copy of the instant payment order.

Reasons

1. Facts of recognition;

A. On December 13, 2014, the Plaintiff concluded a contract with the Defendant for construction works for the unused, waterproof, and tidal portions of the construction works for the building of the building of the building of the building of the building of the building of the Seocheon-gu Incheon Metropolitan City (hereinafter “instant construction works”) for the construction cost of KRW 3 million (including additional taxes), and completed the contract from December 14, 2014 to April 25, 2015.

B. Meanwhile, under the agreement with the defendant, the plaintiff additionally performed rooftop waterproof construction, and agreed to bear 1.7 million won of the material cost.

【A without any dispute, entry of Gap evidence No. 1, purport of the whole pleading】

2. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 33 million won for the construction price of this case (including additional tax) and 1.7 million won for rooftop waterproof materials, 33.5 million won for the plaintiff and 15% for delay damages from the following day of service of the original copy of the payment order of this case to the day of complete payment.

3. The Defendant’s defense for repayment against the Plaintiff: (a) KRW 25.3 million among the construction price of the instant case; (b) KRW 10 million on February 27, 2015; and

3. 20.10 million won;

4. 9.5 million won;

5. 22. 300,000 won shall have already been satisfied.

However, according to the overall purport of Gap evidence 4, Gap evidence 7, and Eul evidence 8, the defendant ordered Eul corporation to undertake the remaining part of the new construction of this case except for the construction of this case among the new construction of this case. D subcontracted the part of the new construction of this case to the plaintiff about February 2015, and the plaintiff completed the construction of the outer wall metric tons around April 2015, the plaintiff completed the construction of the outer wall metric tons; D representative director E from his account in his name to the plaintiff's account. < Amended by Presidential Decree No. 26020, Feb. 17, 2015>

3. 20.10 million won;

4. 9.5 million won;

5. It is recognized that a total amount of KRW 25.3 million, including KRW 3 million, has been transferred, and according to the above fact of recognition, it is reasonable to see that the above amount of KRW 25.3 million is the subcontract consideration for the non-personal outer wall ton, which is separate from the construction cost of this case, and this part is different.