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(영문) 광주지방법원 2018.05.04 2016가단522240
공사대금
Text

1. The Designating Party C Co., Ltd.: (a) KRW 13,102,700 to the Plaintiff (Counterclaim Defendant) and its related amount from September 13, 2016 to May 4, 2018.

Reasons

1. Basic facts

A. Around March 2016, the Appointor C contracted to the Plaintiff for the interior works of D points (hereinafter “instant First Project”), KRW 17,190,00 (excluding value-added tax), KRW 24,193,700 (including value-added tax) for the interior works of E stores (hereinafter “instant Second Project”); and around July 2016, for the interior works of F Points (hereinafter “instant Third Project”).

B. Around March 2016, the Plaintiff completed the instant 1 and the instant 2 construction around July 2016, respectively.

C. During the Plaintiff’s implementation of the instant 3 construction project, the Selection C contracted the instant 3 construction project to another company on or around the beginning of August 2016, and the other company completed the instant 3 construction project around August 2016.

The Plaintiff received KRW 15,00,000,000 as the price for the first construction of this case from the Selection C, and KRW 15,000,00 as the price for the second construction of this case, and KRW 3,00,000 as the price for the third construction of this case.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 3, 5, 6, 7 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1 and 4, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts as to the cited portion of the Claim Nos. 1 and 2 of this case’s Claim Nos. 1 and 1 and 2 of this case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s damages, barring any special circumstance, C is obligated to pay to the Plaintiff 13,102,700 won (=17,190,000 won x 1.1.5,000 won x 1.5,000 won x 1.7,700 won (24,193,700 won - 15,000 won)) and the Plaintiff’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s case’s damages for delay from September 13, 2016 to May 15,

B. The instant case.

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