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(영문) 수원지방법원 2016.06.22 2015가단43420
공사대금
Text

1. The Defendant’s KRW 29,029,00 for the Plaintiff and 20% per annum from August 28, 2015 to September 30, 2015.

Reasons

1. The plaintiff alleged that he did not receive the total of KRW 13,629,00,000 and the total of KRW 13,629,000,000 in the B site subcontracted by the defendant from the defendant, and the defendant did not introduce the plaintiff to the original comprehensive construction company, and the amount of the shock liver construction work is limited to KRW 9 million, and the amount of the shock liver construction work is limited to KRW 12,00,000 and KRW 12 million.

2. The following facts are recognized as either of the parties to a dispute or as a whole together with the purport of the entire pleadings in each entry in Gap evidence 1 to 4, and 6:

A. The Defendant was awarded a contract on August 1, 2015 with regard to reinforced concrete construction works (hereinafter “instant construction works”) among the installation works of steel bars B and three steelworks among the installation works of steelworks B and three steelworks from the Hanwon Construction Co., Ltd. and Samjin Construction Co., Ltd. as contract amounting to the contract amounting to KRW 73,326,000, and the completion date.

B. On May 2015, the Plaintiff, via the head of the Defendant’s on-site site C, concluded the instant subcontracted work with the Defendant as KRW 15,40,00,000 for the instant construction work, and with the construction cost of KRW 13,629,00 for the instant construction work, and completed the instant subcontracted work around May 2015 (hereinafter “instant subcontracted work”).

C. However, the defendant does not pay the present construction cost.

According to the above facts, the defendant is obligated to pay to the plaintiff the total construction cost of KRW 29,029,00 (= KRW 13,629,000) and damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 28, 2015 to September 30, 2015, the day following the delivery date of a copy of the complaint of this case, as sought by the plaintiff, as the result of the completion date of the subcontract of this case.

3. The plaintiff's claim is accepted on the ground of the reasoning.

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