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(영문) 광주지방법원 2016.09.21 2015가단528043
공사대금
Text

1. The Defendant’s KRW 10,681,00 for the Plaintiff and KRW 5% per annum from July 4, 2015 to September 21, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff agreed with the Defendant that the Plaintiff would supply earth and sand to the reclamation work in the Newanananana-gun Apent site that the Defendant performed, and that the amount of money would be calculated as the cost for using equipment (such as digging machines, dump trucks, and dump trucks) and paid KRW 55,000,000 (including value-added tax) for six days in total from June 8, 2015 to June 13, 2015.

(hereinafter “instant primary construction project”). B.

At the Defendant’s request, the Plaintiff supplied another earth and sand (hereinafter “instant secondary construction”) and supplied earth and sand from June 16, 2015 to June 29, 2015.

was suspended.

C. In the instant secondary construction, the Plaintiff provided dump trucks from a third party and provided them to the Defendant, and the third party who provided dump trucks requested the Defendant to pay the equipment directly, the Defendant directly paid KRW 12,914,000 (including value-added tax) and KRW 17,820,000 (including value-added tax) for equipment for dump trucks with 25.5 tons around September 2015.

[Ground of recognition] Unsatisfy, Gap 1 to 10 evidence, Eul 1 to 3 evidence, witness Eul's testimony and the purport of whole pleadings

2. The plaintiff's assertion that the defendant shall pay to the plaintiff KRW 700,00 per unit 70,000 per 25.5 tons of dump truck from the second construction of this case, and KRW 600,00 per unit 15 tons of dump truck, but he paid the unit price of KRW 7,70,000 by lowering the unit price when he paid the direct construction cost to the third party who provided dump truck. The defendant did not pay the dump truck from the second construction of this case for KRW 7,70,00 (value-added tax separate). Since dump truck from the second construction of this case, the dump truck of this case is not paid for KRW 7,00 per unit, the dump truck of 15 tons of dump truck of 15 tons of dum

3. Determination

A. The plaintiff claims for the use of dump trucks reduced in the course of direct payment by the defendant, and the daily unit price of 25.5 tons of dump trucks is 700.

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