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(영문) 수원지방법원 2015.04.30 2014가합1976

공사대금

Text

1. The defendant shall pay 305,739,619 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Facts of recognition;

A. On July 29, 2011, the Plaintiff entered into a contract with the Defendant to construct the first unit (hereinafter “first unit construction”) among the new construction works of a factory, which was a part of the Organizational Organization, with the Plaintiff, from August 1, 201 to December 20, 201, and the construction cost of KRW 547,80,000 (value of supply: KRW 498,000,000, value-added tax: KRW 49,800,000).

B. On December 1, 2011, the Plaintiff entered into a contract with the Defendant to construct the second unit (hereinafter “second unit (hereinafter “the second unit construction”) among the new construction works of a factory, which was made within the scope of the Organization of the Republic of Korea, with the construction period from December 3, 201 to February 20, 2012, and with the construction cost of KRW 358,60,000 (the supply price: KRW 326,00,000, value-added tax: KRW 32,60,000).

C. On February 3, 2012, the Plaintiff changed the construction period from December 3, 2011 to March 30, 2012, and the construction period of the said 2 construction contract to KRW 165,60,000 (excluding value-added tax).

On May 30, 2012, the Plaintiff and the Defendant settled the balance of the final construction cost of the same construction project at KRW 360,067,520, and the balance of the final construction cost of the same construction project at KRW 149,545,00 in total, and KRW 509,612,520 in total.

E. On October 16, 2012, the Defendant directly paid KRW 4,000,000 to SP Construction Co., Ltd., the Plaintiff’s sewage subsidiary company; KRW 45,00,500 to SP; and KRW 55,50,000 to SPS Co., Ltd., and KRW 55,50,000 to SPS Co., Ltd.

F. The Defendant directly paid the subcontract price of KRW 63,371,890 to the Co., Ltd., the Plaintiff’s sewage company.

[Reasons for Recognition] Facts without dispute, Gap 2-7, 9 evidence, Eul 1 and 2 evidence (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendant agreed to the Plaintiff as the balance of the construction cost pursuant to each of the above construction works, and paid the Plaintiff a subcontract price of KRW 203,872,890 directly to the Plaintiff’s sewage supplier at KRW 45,00,000,000, which the Defendant paid directly to the Plaintiff’s sewage supplier.