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(영문) 인천지방법원부천지원 2015.01.08 2014가단21344
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 24,852,00 and the interest rate of KRW 20% per annum from June 18, 2014 to the day of complete payment.

Reasons

1. The following facts can be acknowledged in full view of the following facts: Gap evidence 1, 2, 3, Gap evidence 4-1, 2, Gap evidence 6, 7, 8, 9, 10, 11, Gap evidence 12-1, 2, Gap evidence 14-1 to 6, Gap evidence 15, Eul evidence 15, Eul evidence 1, and Eul evidence 2-1.

In the construction of Dtel on the land of Pyeongtaek-si and 557 square meters owned by B (hereinafter referred to as “the instant officetel”), the Seoul Special Metropolitan City Construction Co., Ltd. (hereinafter referred to as “Seoul Special Metropolitan City Construction”) entered into a contract with B with B for the said new construction work.

B. On August 11, 2011, the Plaintiff entered into a contract under which the Plaintiff would perform construction of the instant officetel with the term of construction from August 15, 2011 to December 31, 2011, with respect to the prime comprehensive construction of wind, and the soil bags and soil works among the said new construction works (hereinafter “instant construction works”), setting the contract amount as KRW 350,000 (excluding value-added tax) and the contract amount as KRW 350,000 (hereinafter “instant construction contract”). The Plaintiff subsequently completed construction works under the instant construction contract.

C. Although the construction of the instant construction project had been completed, it did not make payment of the construction price agreed upon to the Plaintiff. However, it was not ultimately paid the construction price pursuant thereto. On April 27, 2012, the construction of the instant construction project was re-determined as KRW 440,000 (including value-added tax) between the Plaintiff and the Plaintiff on April 27, 2012, and the notary public agreed to pay the unpaid construction price as follows. On the same day, the notary public completed the certification procedure as a member of the law firm et al. (702) on the same day.

(1) Of the construction cost of KRW 440,000,000 as above, KRW 50,000,000 shall be paid to the Plaintiff on January 1, 2012, but the remainder shall remain.

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