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(영문) 의정부지방법원고양지원 2019.11.21 2019가단71963

공사대금

Text

1. The Defendant’s KRW 120,982,702 as well as the Plaintiff’s annual rate from February 7, 2019 to November 21, 2019, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that produces, vicariously carries out, and sells indoor and foreign private goods, and the Defendant is a corporation that carries out outdoor signboard manufacturing business.

B. The Defendant entered into a contract for the reconstruction work of a DNA apartment, 2E apartment construction work, 3F officetel construction work, and 90% of the construction cost to the Plaintiff, and subcontracted the manufacturing work of the above private object to the Plaintiff.

(hereinafter referred to as "public works", "B", and "III" are different.

In addition, the Defendant entered into a contract for the production and installation of H from the original corporation G (hereinafter “G”) and ordered the Plaintiff to pay 90% price for the construction work, and subcontracted the production and installation work of the said private person.

(hereinafter “No.S. Corporation”) d.

The Defendant prepared a written consent to pay value-added tax of KRW 9.5 million to the Plaintiff in relation to the construction work and delivered it to the Plaintiff.

E. The Defendant, on behalf of the Plaintiff, agreed to pay the Plaintiff KRW 2.5 million to the I Company, KRW 8.19 million to K, KRW 5.8 million to L, KRW 3.15 million to L, KRW 2 million to M, and KRW 1.88 million to N.

F. The plaintiff completed all of the above ① and ④ construction.

On the other hand, as the Defendant did not pay the above direct payment agreement, the Plaintiff paid to I KRW 2.5 million to J, KRW 8,475,750, and KRW 6 million to K and KRW 1,455,00 to L.

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1 and 2 (including additional numbers), witness O's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that ① the amount payable out of the construction cost of KRW 50,072,80 in relation to the above construction work is KRW 12,072,00; ② the amount payable out of KRW 45,812,00 in relation to the above construction work; ③ the amount payable out of KRW 40,812,00 in relation to the above construction work; and ③ the amount payable out of KRW 19,816,80 in relation to the construction work.