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(영문) 수원지방법원 2020.06.18 2019가단525876

공사대금

Text

1. The Defendants are jointly and severally liable to the Plaintiff for 157,900,000 won and 6% per annum from March 7, 2019 to June 18, 2020.

Reasons

1. Facts of recognition;

A. On December 31, 2018, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) concluded a construction contract with the Plaintiff (hereinafter “instant contract”) under which the Defendant Company entered into a contract for construction work with the contract amount of KRW 336,000,000 (excluding value-added tax) for the interior project of the fifth floor of the building D, Seo-gu, Seoan-gu, Seoan-gu, Seoul, and the construction period from December 31, 2018 to February 20, 2019 (hereinafter “instant contract”).

B. In accordance with the instant contract, the Plaintiff performed the said interior works, and the Defendant paid KRW 50,000,000 to the Plaintiff on December 31, 2018, and KRW 100,000,000 on February 1, 2019 according to the instant contract, respectively, as the price for interior works.

C. On February 18, 2019, when the Plaintiff had been performing the said interior works, the contract amount of the instant contract shall be modified to KRW 389,00,000 (i.e., KRW 36,000,000, KRW 53,000,000, and value-added tax separate) by reflecting the additional construction cost of KRW 53,000 (value-added tax separate) on the ground that the additional construction works occurred, and the Defendant Company shall pay the Plaintiff the amount of KRW 108,00,000 (value-added tax separate) out of the price of interior works until February 21, 2019, and the remainder of the construction cost of KRW 169,90,00 [the remainder of the construction cost of KRW 131,00,000 (value-added tax separate)] to be paid by the amendment to the contract agreement of this case (hereinafter “the contract”).

On February 2019, the Plaintiff completed the instant construction work in accordance with the instant modified contract at the latest.

E. The Defendant Company paid the Plaintiff the instant construction cost of KRW 100,000,000 on February 20, 2019, and KRW 20,000,00 on March 25, 2019, respectively.

【Reasons for Recognition】 Each entry of the evidence of subparagraphs 1 through 4, 6 through 44 (including branch numbers, if any) and the purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim (1) above the Defendant Company.