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(영문) 대전지방법원홍성지원 2020.08.28 2019가단1893
공사대금
Text

1. The defendant shall pay 89,980,000 won to the plaintiff and 12% per annum from September 11, 2019 to the day of full payment.

Reasons

1. Basic facts

A. On May 11, 2018, the Plaintiff was awarded a contract by the Defendant for the construction work for the manufacturing of the foundation and structure in Gangwon-gun D, E, and Fsolar power plant (1.8M) located in Gangwon-do as the construction cost of KRW 378,00,000 (210,000 won per 1kW, and surcharge).

B. Following the change of the capacity of the foregoing power plant into 1.5 MW, the construction cost was changed to 315,00,000 won (2.10,000 won x 15,000kW, and value added tax separate). The Defendant paid to the Plaintiff the total amount of KRW 5,500,000 as the construction cost, which includes the remainder of KRW 275,000,700,700 and KRW 275,000,000 among the remainder of the construction cost, and KRW 70,505,700,000 and KRW 700,50,000 as the remainder of the construction cost, on October 18, 2018 (hereinafter “the remainder of the construction cost”).

C. On November 2, 2018, the Plaintiff completed the construction of the said power plant, and concluded a contract with the Defendant for the construction cost of KRW 205,260,000 for the basic construction and structure installation works of G-powered power plants (50kW) and H-powered power plants (300kW). On the same day, the Plaintiff received KRW 132,00,000 from the Defendant.

On December 30, 2018, the Plaintiff completed the instant construction work (hereinafter referred to as “instant construction work”) by combining the construction works of each of the instant electric power plants.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 12, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of the construction price of KRW 89,980,00 ( KRW 22,220,000,000, KRW 205,260,000 - KRW 275,000,000 - KRW 77,000,000- KRW 132,000,000) and damages for delay.

B. The defendant's assertion and judgment 1) since the plaintiff and the defendant agreed to calculate the construction cost as KRW 2.10,000 per kW, the total construction cost shall be KRW 531,30,000 (2,300W x 2,10,000.

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