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(영문) 의정부지방법원고양지원 2015.12.18 2013가단46934
노임
Text

1. The Defendant shall pay to the Plaintiff KRW 61,940,000 as well as 20% per annum from January 9, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On June 13, 2013, the Defendant: (a) was a new construction works of the Goju-si and seven parcels of land C; (b) entered into a subcontract with Osung Construction Co., Ltd. (hereinafter “Seong Construction Co., Ltd.”) for the said new construction works of reinforced concrete (excluding civil retaining wall construction; hereinafter “instant steel construction works”); (c) KRW 1,045,00,000 (excluding value-added tax) for the said new construction works; (d) 10% of the construction cost at the time of the completion of the new construction of the basic concrete, and 90% of the construction cost within 15 days after the completion of the new construction of reinforced concrete; and (d) the Plaintiff was awarded a sub-subcontract from the non-party company for steel reinforced, concrete building, and non-generation construction works.

B. Meanwhile, the Plaintiff was directly awarded a subcontract for the retaining wall construction (hereinafter “the retaining wall construction”) from the Defendant, among the above newly constructed construction works, and thereafter completed all the retaining wall construction of this case.

[Ground of recognition] The fact that there is no dispute, Gap 6, 10 evidence (including paper numbers), Eul 1 evidence or video, witness D's testimony or whole oral argument

2. Determination

A. The summary of the plaintiff's assertion 1) The non-party company suspended the non-party company's work of this case while continuing the work of this case, and the defendant proposed to pay the plaintiff a total of KRW 120,000,000,000 on the basis of the average of KRW 400,000,000. The plaintiff received the above proposal and completed the above work. 2) The labor cost for the retaining wall work of this case is the total of KRW 1,39,000,000.

3) Therefore, the Defendant is obligated to pay the Plaintiff the sum of the construction cost unpaid to the Plaintiff (i.e., KRW 48 million and KRW 13.94 million) and damages for delay thereof. B. The summary of the Defendant’s assertion 1) as to the instant steel works, the Defendant only decided to pay payment to the Plaintiff by applying KRW 120,000 per square year only for the part of the Plaintiff’s construction work after the non-party company executed the construction work.

Therefore, this case’s steel bars are related to the instant steel works.

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