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(영문) 대전지방법원 2018.07.11 2017가합107944
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 660,00,000 and the interest rate of KRW 15% per annum from December 29, 2017 to the date of full payment.

Reasons

The basic fact is that the Plaintiff is an enterprise specialized in the interior construction with the trade name of “C,” and the Defendant is a company that engages in real estate sale and consulting business.

On May 30, 2012, the Plaintiff, from the Defendant, contracted the construction of the instant contract (hereinafter referred to as “instant contract”) with the Defendant as of KRW 902,00,000 (including value-added tax), June 6, 2012, and October 2013 (hereinafter referred to as “instant contract”).

On December 5, 2013, the Plaintiff entered into an amendment agreement with the Defendant to increase the contract amount of the instant contract to KRW 1,300,000,000, as it added 14,15 stories among the instant construction works, and completed the construction.

On May 4, 2013, the Plaintiff entered into a subcontract with the Defendant, who was the owner of the instant construction project, on May 4, 2013, by setting the contract amount of KRW 730,290,00 (including value-added tax) as the contract amount for the interior project as the content of the instant construction project from the Dongbag Integrated Construction Co., Ltd. (hereinafter referred to as “Dongbag Integrated Construction”) and entering into a subcontract with the Defendant on July 5, 2013.

On July 4, 2013, the Plaintiff entered into a contract to reduce the construction amount to KRW 508,000,000 as a result of the decrease in the construction volume, and completed the construction.

On November 29, 2013, the Plaintiff received a written consent of direct payment from the Defendant that the Plaintiff would pay the construction cost of KRW 308,000,000,000 remaining, excluding the construction cost of KRW 200,000,000, which was paid at the time of the said construction.

On September 1, 2013, the Plaintiff was awarded a contract for electrical construction from the Defendant as a contract amount of KRW 55,00,000 (including value-added tax) with respect to electrical construction among the instant construction works, and the Plaintiff again provided a subcontract to E&A EXE Co., Ltd. with the aforementioned contents.

The plaintiff from the defendant on September 1, 2013.

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