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(영문) 수원지방법원 2015.12.16 2015나10643
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in the business of manufacturing and installing piping facilities and steel-frame tanks with the trade name of “C” from “S,” and the Defendant is a company that conducts steel structure construction business.

B. On February 11, 2014, the Plaintiff completed the construction work (hereinafter “instant construction work”) by setting the construction period from February 11, 2014 to February 26, 2014 as KRW 33,550,00 (including value-added tax) for the construction work that was manufactured in the Defendant’s factory, and received a subcontract for the said construction work (hereinafter “instant construction work”).

C. On April 8, 2014, the Plaintiff and the Defendant agreed to pay the Plaintiff KRW 29,150,00 (including value-added tax) by deducting the total amount of KRW 4,400,00 from the construction cost, and by paying the Plaintiff KRW 29,150,00 (including value-added tax) for the construction cost.

On April 8, 2014, the Defendant paid the Plaintiff the construction cost of KRW 15,00,000,000 to the Plaintiff, and around June 2014, the Defendant directly paid KRW 2,200,000 to the Plaintiff’s employees.

E. In addition, the Plaintiff and the Defendant agreed to deduct the Plaintiff’s wife’s royalty of KRW 400,000 from the above construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 6, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, the defendant is obligated to pay to the plaintiff 11,545,000 won for the remainder of the construction cost within the scope of 11,550,000 won [the construction cost = 29,150,000 won for the direct payment of KRW 15,200,000 for the interest of KRW 2,200 for the interest of KRW 2,000 for the interest of KRW 15,200 for the interest of KRW 40,000 for the interest of KRW 11,545,00 for the interest of KRW 11,545,00 for the interest of the plaintiff and delay damages at the rate of 20% for the following day after the duplicate of the complaint of this case

B. As to the defendant's assertion, the defendant is limited to eight million won when the plaintiff entered into the above subcontract.

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