(영문) 수원지방법원안양지원 2012.11.15 2011가단4504

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(영문) 수원지방법원안양지원 2012.11.15 2011가단4504

공사대금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff alleged that the plaintiff entered into a contract for construction as follows with the defendant, and the defendant is obligated to pay the construction cost corresponding to the completion portion of the construction work. A.

Around January 2009, B entered into a contract for the construction of a five-story commercial building in relation to the subcontract for the construction of a five-story commercial building located in the fifth floor located in the 5th floor from the first floor to the fifth floor (including value-added tax) and the construction period from February 27, 2009 to May 31, 2009. Although the construction was delayed for two months after the expected construction period, the Defendant is obligated to pay the Plaintiff KRW 40,000,000 for the said construction period.

(2) The contract was concluded from February 1, 2009 to October 2009 for the construction cost of the electricity, telecommunication, fire pipeline construction cost of KRW 29,00,000, and the construction period of KRW 60% from February 1, 2009 to August 2009. As such, the Defendant is obligated to pay to the Plaintiff KRW 12,00,000,000 in total within the scope of the amount equivalent to KRW 60% of the contract amount ( KRW 17,40,000).

(3) The contract was concluded from February 27, 2009 to July 2009 for the construction cost of the other construction work on the first floor to the fifth floor, and from February 27, 2009 to the end of July. As the construction cost of the building was completed on July 2009, the Defendant is obligated to pay the Plaintiff KRW 3,840,00 (= KRW 960,000 x 4).

B. D’s subcontract for the electrical construction of the E-commercial building, which was owned by D around January 2008, concluded between November 2008 and March 2009, and the period of construction from November 2008 to March 2009. As such, the Defendant is obligated to pay the remainder of KRW 8,900,000 (=35,000,000 - 26,100,000), which was paid to the Plaintiff.

2. We examine the judgment, together with the purport of the entire pleadings in the entries in Gap evidence Nos. 1 to 3.

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