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(영문) 대구지방법원 2019.02.13 2017가단17716
공사대금
Text

1. The Defendant: KRW 36,812,639 for the Plaintiff and KRW 6% per annum from November 7, 2018 to February 13, 2019.

Reasons

1. Facts of recognition;

A. On December 2016, the Defendant subcontracted the construction of a new building of Daegu Dong-gu C and 5th floor to the Plaintiff among the above construction works (hereinafter “C stone construction”).

B. On December 2016, the Defendant awarded a contract with F for the construction of a new building of Daegu Northern-gu E and the third floor building, and subcontracted the construction of stone among the above construction works (hereinafter “EM”) to the Plaintiff.

C. The Plaintiff completed both C and E’s construction work, and on January 26, 2017, from the Defendant, KRW 7 million for the construction work, and KRW 9 million from F, the Plaintiff shall receive KRW 9,400,000,000 from F. Of them, KRW 4 million was reduced and KRW 9 million was received.

was paid by the Corporation.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The Plaintiff asserted that the Plaintiff and the Defendant were entitled to pay KRW 34,397,50 (excluding value-added tax), KRW 32,124,40, and KRW 32,124,400 (value-added tax separately), and all of the construction works C and E was completed, and KRW 7 million was paid from the Defendant, and KRW 9,400,000 from F. Therefore, the Defendant is obligated to pay the remainder construction cost to the Plaintiff.

B. The construction cost of the Defendant’s alleged Ctin work shall be KRW 65,00 per square meter, KRW 50,00 per square meter, and KRW 50,00 per square meter, and the building owner shall settle the accounts according to the actual construction area. During the construction, D entered into an agreement with the Plaintiff separately from the Plaintiff, and there is a defect in the part of the Plaintiff’s tin work, and the construction cost adjusted according to the actual construction area is KRW 15,070,00 in this context, except for the additional tin work, is KRW 2,126,111, KRW 7,000,00 for the defect repair cost, KRW 5,943,889 for the Defendant to pay the construction cost.

E The construction cost of stone construction shall be KRW 110,00 per 1 square meter per 1 square meter (Macheon Chinese stone), and it shall be KRW 65,00 per 1 square meter per damp-type, and the construction cost shall be settled according to the actual construction area, and the building owner F shall be added separately to the Plaintiff.

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