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(영문) 서울서부지방법원 2018.09.14 2018가단202944
공사대금
Text

1. The Defendant’s KRW 63,470,00 for the Plaintiff and 6% per annum from January 4, 2018 to September 14, 2018.

Reasons

1. The gist of the Plaintiff’s assertion is that the Plaintiff is obligated to pay the Plaintiff the construction cost of KRW 63,470,000, the sum of KRW 1,870,000, and KRW 65,340,000, among the construction cost of the building project of the Ulsan-dong model hybrids and the construction cost of the construction project of the facilities and equipment and the mechanical fire fighting works of the machinery and the facilities and the construction cost of the facilities for Heung-do model housing.

2. Determination

A. In addition to the purport of the pleadings as a whole, the Plaintiff entered into a construction contract (instant construction contract) with the Defendant on or around October 2016 with the content that the Plaintiff will perform construction works of machinery and equipment and machinery fire-fighting among the construction works of Ulsan-dong model work (this case’s construction contract). According to the instant construction contract, the construction amount is KRW 90 million (excluding value-added tax). The progress payment is the first site description of the relevant subcontracted construction work at the present site at the present site at the time of the selection of the subcontractor, and the Plaintiff is the first site description of the construction site at the present site at the present site at the present site at the time of the subcontract, including the construction cost of the relevant subcontracted construction site at the time of the conclusion of the subcontract, and the subcontract should be settled to pay KRW 1.5 times the relevant construction cost at the construction site at the time of the failure to be selected as the subcontractor (the first construction site at the time of construction work at the present site), the Plaintiff’s selection of the construction work at the present site from 130th to 148th of the same month.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 63,470,00 (=(=(38,498,4499 KRW 1.5,000,00) to the Plaintiff as the construction cost under the contract for the execution of the instant construction project pursuant to the agreement for the settlement of the progress payment for the contract in question).

(b).

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