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(영문) 서울중앙지방법원 2018.10.11 2016가단5193879
공사대금
Text

1. The Defendant’s KRW 49,513,739 for the Plaintiff and KRW 6% per annum from October 22, 2013 to October 11, 2018.

Reasons

1. Basic facts

A. On March 6, 2013, the Plaintiff and the Defendant entered into a contract for construction work (hereinafter “instant contract”) with the Plaintiff to construct 5 stories above the ground and 8 households with a total floor area of 53.52 square meters on the land in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant housing”) within 6 months after commencing the construction work, and to pay 680,000,000 won to the Plaintiff as construction cost (hereinafter “instant contract”).

At the time of the instant contract, the Plaintiff passed the completion inspection by the Defendant, and immediately removed and removed surplus materials, temporary facilities, etc. and arranged the construction site, and filed a claim for the payment of the construction cost to the Defendant. Unless otherwise stipulated, the Defendant paid the construction cost at the same time as the delivery of the object

B. The head of Gwangjin-gu Office approved the use of the instant housing on August 29, 2013.

C. From the Defendant’s corporate bank account (business account), the Plaintiff’s corporate bank account was KRW 120,00,000 on April 1, 2013; KRW 50,000,000 on April 25, 2013; KRW 50,000,000 on May 3, 2013; KRW 50,000 on June 10, 2013; KRW 30,000 on July 30, 200,00 on the Plaintiff’s new bank account; KRW 10,00,000 on September 10, 2013; KRW 80,000,000 on October 10, 2013; and KRW 10,000,00 on October 10, 2013; and KRW 50,000 on October 30, 2010, 2010.

From August 2, 2013 to the Plaintiff’s new bank account in the name of father D, KRW 50,000 to the Plaintiff’s new bank account in the name of father D, and KRW 50,000,000 to the E bank account in the name of E respectively.

On August 16, 2013, F, a director of the Plaintiff, deposited KRW 35,00,000 in the Plaintiff’s new bank account in the Defendant’s name.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 11, Eul evidence 13, 14, and 17, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Although the Plaintiff completed the instant contract, received only KRW 615,00,000 from the Defendant, the Defendant is obligated to pay the remainder of the construction cost of KRW 65,00,000 and damages for delay after the date of approval for use. 2)

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