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(영문) 전주지방법원 2017.11.21 2016가단38773
공사대금
Text

1. The Defendant’s KRW 9,121,637 as well as the Plaintiff’s annual rate of 5% from December 6, 2016 to November 21, 2017.

Reasons

1. Facts of recognition;

A. On February 2, 2015, the Plaintiff and the Defendant concluded a subcontract for the blasting construction work (hereinafter “instant contract”) with the content that the Defendant subcontracted the part of the blasting construction work among the blasting construction work located in Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “instant blasting construction work”) to the Plaintiff at KRW 1,850 per 1 cubic meter.

B. On February 2, 2015 to March 2015, the Plaintiff carried out the instant blasting construction by using powders purchased from E companies. The Plaintiff paid the instant blasting price, oil cost, and meal expenses necessary for the instant blasting construction.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. The plaintiff agreed to pay to the plaintiff 1,850 won per 1,850 cubic meter of aggregate produced by the defendant from the blasting construction of this case, and the plaintiff has produced aggregate from 10,625km of 48,295.45 cubic meters [based on 0.22 km/ cubic meters of powder volume (the explosives volume required to produce 1 cubic meter)]. As such, the defendant should pay to the plaintiff 65,03,03,037 won after deducting 18,967,250 won of powder cost from 89,345,750 cubic meters of powder volume (the explosives volume required to produce 1 cubic meter) from 89,345,750 won of blasting construction cost (18,967,250 won of powder volume) and 925,000 won of meal powder volume (48,295.45 cubic meters

As to this, the Defendant, based on the ex-factory quantity at the time of the instant contract, calculated KRW 1,850 per 1 cubic metres, and paid the remainder for the shipment quantity remaining after deducting approximately KRW 6,000 cubic metres from the quantity blasting before the Plaintiff’s blasting. Since the total volume of earth and rocks supplied by the Defendant is 13,966 cubic metres, the Defendant asserts that the Defendant is liable to pay KRW 14,737,100 for blasting charges for 7,966 cubic metres calculated by subtracting KRW 6,000 from the 7,966 cubic metres (i.e., KRW 7,966 cubic x 1,850) plus KRW 9,121,637, a balance remaining after deducting KRW 6,000 from the 7,966 cubic metres.

B. Each statement in Gap evidence Nos. 4 through 6 alone exceeds 7,966 cubic meters where the amount of aggregate produced by the plaintiff from the blasting construction of this case is the defendant.

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