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(영문) 광주지방법원 2021.01.28 2020가단5438
공사대금
Text

1. The Defendant’s KRW 90,498,384 as well as the Plaintiff’s KRW 6% per annum from April 17, 2020 to January 28, 2021.

Reasons

1. The following facts do not conflict between the parties with respect to the claims for CG golf practice course electrical construction costs.

A. The Plaintiff determined the contract amount of KRW 178,950,00 (including value added tax; hereinafter the same shall apply) from the Defendant, and received a contract for the electric construction for a golf practice course site, and completed the construction work on June 30, 2018.

B. On April 30, 2019, the Plaintiff supplied the Defendant with electric materials, including cables worth KRW 33,000,000,000.

(c)

The contract amount of the Plaintiff was set at KRW 38,500,000, and was awarded a contract for D Apartment Telecommunications Fire Services Corporation, and completed around May 10, 2018.

(d)

The defendant shall set forth in the above A. through C.

The Plaintiff did not pay KRW 51,500,000 out of the construction cost and material cost related to the port.

2. Part concerning the claim for the electrical construction price in the new Ethy Ethy in the new Ethy group

A. The Plaintiff’s assertion as to the cause of the claim 1) The Defendant set the contract amount of F Co., Ltd. at KRW 82,500,000 and set the temporary electric power construction of Friet E E during the new set of KRW 5,641,60,000, and the contract amount was awarded a contract for the construction of telecommunications among the new construction of Eriet (hereinafter “electric construction”). The Defendant subcontracted each of the above construction to the Plaintiff.

2) The construction cost of the temporary power construction executed by the Plaintiff not later than the suspension of the construction work due to the shortage of time, is KRW 82,50,000, the construction cost of the temporary power construction executed by the Plaintiff, KRW 321,00,000, and the construction cost of the electrical construction, plus KRW 403,50,000,000, in total.

3) The Plaintiff received only KRW 43,501,616 with the provisional electricity construction cost, KRW 149,509,527 with the electrical construction cost, KRW 193,01,143 with the total amount of KRW 193,48,857 with the Defendant’s obligation to pay the remainder of the construction cost to the Plaintiff. The Plaintiff claimed KRW 132,00,000,000, which is a part of the construction cost.

B. Determination on the claim for the construction cost of temporary electric power construction works 1) The following circumstances acknowledged by Gap’s evidence No. 6, namely, the defendant, in November 2017, comprehensively based on the overall purport of the pleadings.

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