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(영문) 대구지방법원김천지원 2016.05.19 2016가단1218

공사대금

Text

1. The Defendant shall pay 39 million won to the Plaintiff, as well as 5% per annum from February 2, 2016 to May 19, 2016, and from the next day.

Reasons

On May 20, 2014, the Plaintiff entered into a subcontract with the Defendant for 140 million won among the Kimcheon-si Commercial Housing Corporation (project ownerD) and completed the above structural construction on June 30, 2014, and entered into a subcontract for 150 million won among the Hacheon-si Commercial Housing Corporation (project ownerF) on September 30, 2014 and completed the above structural construction on November 30, 2014, there is no dispute between the parties.

The plaintiff asserts that additional personnel expenses of KRW 720,000 have occurred in connection with C Corporation, but there is no evidence to deem that the defendant agreed to bear the above additional personnel expenses in addition to the above subcontract consideration

On the other hand, the fact that the defendant paid 75 million won of the above subcontract price C and 98 million won of the above E subcontract price as the plaintiff, and the concrete price of 25 million won (C related) and 32 million won (E related) that the defendant decided to pay directly was excluded from the plaintiff's claim, and the defendant additionally pays 10 million won of the above construction among the above roads of this case and paid 4.4 million won of GJcon and 2 million won of HH as the fact that the defendant was in direct payment does not dispute between the parties.

Since the Defendant asserts that the aforementioned subsidies for Grecons were 4.8 million won, and that the said H-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S-S

Therefore, the Defendant: (a) 39 million won (the subcontract price (140 million won) - the payment for the Defendant prior to the filing of the lawsuit (75 million won) - the mutual-aid fund under direct payment agreement for concrete payments (2.5 million won); (b) 10 million won for additional payments after filing the lawsuit - 4.4 million won for GIST- the direct payment for GIST subsidies 2.9 million won.