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(영문) 수원지방법원안양지원 2017.11.09 2016가단103147

공사대금지급 청구의 소

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1. The Defendant’s KRW 53,866,146 as well as the Plaintiff’s annual rate from March 31, 2016 to November 9, 2017, and the following.

Reasons

1. Basic facts

A. On November 22, 2012, the Defendant awarded a contract for the project for the renovation of farming repair facilities (hereinafter referred to as “construction of the instant farming repair facilities”) ordered by the Korea Rural Community Corporation's Gyeonggi Branch (hereinafter referred to as “project owner”) to perform the project for the renovation of farming repair facilities (hereinafter referred to as “construction of the instant agricultural repair facilities”) and subcontracted the remaining construction to the Defendant on November 17, 2014 (hereinafter referred to as “the instant remaining construction”) during the construction period from November 17, 2014 to December 31, 2015 as the construction cost (including additional tax). -

During the construction of the instant case, the Plaintiff, at the Defendant’s request, completed the instant remaining construction and supplementary construction on December 2015, 2015. (The Plaintiff completed the instant remaining construction and supplementary construction on the following grounds: (a) additional construction [1-1 drainage, 2-1, 2-2 using water as water; (b) 30 insertions; (c) installation of VR tubes (D100); and (d) remuneration for entering each route; and (e) additional construction on each route.

The Defendant received KRW 411,304,00 as the construction cost for the portion of the construction work performed by the Defendant until June 30, 2014 from the ordering person, and thereafter received KRW 395,505,781 as the construction cost for the remainder of the instant construction work and the additional construction work.

The Defendant paid KRW 311,132,000 to the Plaintiff as the remainder of the instant construction project and the additional construction cost.

On the other hand, at the time of concluding the contract between the Plaintiff and the Defendant, the contract amount between the Defendant and the ordering person is KRW 321,827,00, and the subcontract price for the remaining construction works of the Plaintiff is KRW 297,00,000 and the subcontract price is KRW 92.29%.

B. Around August 2014, the Defendant contracted to the Plaintiff the remainder of the construction works excluding landscaping construction works among the DNA comprehensive maintenance project facilities that the Defendant received from the viewing of safe nature.

The Plaintiff continued the construction and suspended on February 2016. 8

The Defendant paid 316,902,830 won to the Plaintiff as the above construction cost.

[Reasons for Recognition] contain facts without dispute, Gap2 to 6, 8, 9, 13, 17, 29 through 35, and Eul number 9.