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(영문) 인천지방법원 2015.05.15 2014가단216729

공사대금

Text

1. The Defendant’s KRW 7,945,600 as well as the Plaintiff’s annual rate of KRW 6% from May 3, 2014 to May 15, 2015, and the next day.

Reasons

1. Basic facts

A. The plaintiff is a company running an engineering work business, etc., and the defendant is a company running a road packing, civil engineering work, building work business, etc.

B. The Defendant received a contract from the Korea Land and Housing Corporation for construction of Aa-5 block apartment buildings with six sections within the Ga-5 block located in the Kimpo-si Housing Site Development District located in Kimpo-si, Kimpo-si. On September 6, 2010, the Defendant subcontracted the part of the construction work in question to the Plaintiff for construction cost of KRW 5,10,000,000.

[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1 and purport of whole pleadings

2. The parties' assertion that the plaintiff is obligated to pay to the plaintiff KRW 32,063,532 (including value-added tax) in total, 32,063,532 (including value-added tax) in addition, since the plaintiff agreed with the defendant to additionally install a crym crym crym crym crym crym crym crym crym crym crym crym crym crym crym crym crym crym crym crym crym crym crym

In regard to this, the Defendant: (a) had already been included in the instant construction work; (b) had agreed on additional construction works for the opening of a work route and labation; (c) had been limited to KRW 7,945,600; and (d) offset the construction cost that the Plaintiff should directly perform by the Defendant’s set-off of KRW 16,720,000 for the construction cost that the Plaintiff spent. Therefore, the Defendant did not have any obligation to pay the additional construction cost.

3. Determination

A. It is not sufficient to acknowledge that the Plaintiff agreed to perform an additional construction work with the Defendant solely on the basis of the descriptions or images of pyropical coptopy, A2, 3, and 4 as well as the testimony of witnesses A, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's claim for this part is without merit.