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(영문) 춘천지방법원 영월지원 2021.01.13 2020가단280
공사대금
Text

1. The Defendant’s KRW 76,060,000 as well as 5% per annum from October 1, 2016 to January 29, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C is a person who engages in a building business under the trade name of “D,” and around March 24, 2016, it refers to “T in Taecheon-si F and G H [Road Name Address M], which was owned by the Defendant with the Defendant.”

(hereinafter “the instant building”) concluded a contract for the extended construction with the cost of construction KRW 140 million (including value added tax).

On April 2016, the Plaintiff entered into a subcontract with C to the C during the instant extension work (hereinafter “instant construction work”), for the construction cost of KRW 96 million.6 million, and received down payment KRW 20 million from C.

B. On September 2016, the Plaintiff completed the instant construction; the Defendant, around November 24, 2016, entered the details of extension and alteration of the use in the building ledger of the instant building; and on July 17, 2017, an alteration, etc. was made following the extension of the instant building.

(c)

On June 7, 2016, the Plaintiff and C (contractor) and the Defendant (contractor) drafted the “Written Consent to the Payment of the Price of the Construction Works” (hereinafter referred to as the “Written Consent to the Payment”).

The payment agency: The payment agency: The payment agency based on the standard contract amount for private construction works on March 24, 2016: The defendant (contractor): The payment agency based on the standard contract amount for private construction works on March 24, 2016; the same (C) as the contractor (C) on June 30, 2016.

[Grounds for recognition] The evidence Nos. 2, 3, and 4, Eul evidence Nos. 1, 2, and 3 (including various numbers), the witness C's testimony, and the purport of the whole pleadings

2. Determination:

A. According to the above facts, even though the Plaintiff completed the instant construction among the extension works for the instant building, the Plaintiff did not receive KRW 76 million remaining after subtracting the down payment of KRW 20 million from the construction price. Barring special circumstances, the Defendant is obliged to pay the Plaintiff the remaining construction price of KRW 76 million and the delayed damages in accordance with the instant payment consent.

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