(영문) 창원지방법원진주지원 2017.07.06 2015가단7691

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(영문) 창원지방법원진주지원 2017.07.06 2015가단7691

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 55,340,878 as well as 15% per annum from July 7, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On March 2015, the Plaintiff was awarded a contract with the Defendant for the construction of 3, 6, and 8 lines on the ground of Jinju-si B, C, and D, the Defendant-owned (hereinafter “instant construction”).

(hereinafter “instant construction contract”). B.

In relation to the construction cost of the instant construction project, the Plaintiff and the Defendant supplied the materials necessary for the instant construction project at a unit price based on a quotation, and installed a total of KRW 17,700,000 per unit price, and returned the materials not used by the Plaintiff among the materials supplied by the Plaintiff according to mutual agreement.

C. From March 23, 2015, the Plaintiff

5. From April 23, 2015 to November 11, 2000:

7. up to 20. 20. d. complete the remainder of 8 boxes installation works.

The Defendant paid KRW 43,00,000 to the Plaintiff as the construction cost of the instant construction project.

[Ground of recognition] Facts without dispute, Gap 12 evidence, Eul 22 and 23 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the fact that the construction cost of the instant construction project is recognized, it is reasonable to regard the sum of the construction cost of the instant construction project, the amount corresponding to the material actually used in the instant construction project among the materials supplied by the Plaintiff, value-added tax thereon, and the installation cost of an amount equivalent to KRW 1,700,000 per piece of labor cost of KRW 28,90,000 (17 Dong x 1,700,000).

According to the appraisal result of Gap evidence 13-1 and appraiser E's construction cost, among the materials supplied by the plaintiff in connection with the instant construction project, the quantity and unit price of the materials used for the instant construction project can be acknowledged as the same fact as "the materials used for the instant construction project" in attached Form 1. Thus, the amount of the materials used for the instant construction project except value-added tax is 69,955,34

If value-added tax and personnel expenses of the instant construction work are added to 28,900,000 won, the construction cost of the instant construction work is KRW 105,850,878 (=69,95,344 won x 1.1.28,900,000).

B. The Plaintiff’s assertion

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