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(영문) 서울남부지방법원 2019.11.22 2019가단202096
공사대금
Text

1. Defendant B Co., Ltd.: KRW 89,700,000 per annum for the Plaintiff and 6% per annum from January 23, 2019 to November 22, 2019.

Reasons

1. Facts of recognition;

A. Defendant C Co., Ltd. is the executor of the five new construction works of the building E on the land outside Jeju Island and six parcels (hereinafter “instant new construction works”), and Defendant B Co., Ltd. (hereinafter “instant new construction works”) is the starting contractor of the instant new construction works.

B. On July 21, 2017, the Defendants concluded a contract for construction works as of October 9, 2018, with the contract amount of KRW 10,200,000,000 for the instant new construction works, the date of commencement: August 10, 2017; and the date of completion of the completion of the new construction works.

C. On October 19, 2017, Defendant B entered into a subcontract with the Plaintiff and the instant new construction works (hereinafter “instant construction works”) on a contractual basis of KRW 1,794,000,000 (no tax-free place of business below national housing scale) and four months from the date of commencement of the contract period, etc.

The subcontract of this case was revised three times after the period of construction and defects, and the contract was prepared to reflect the changes.

According to the final contract made on September 3, 2018, the construction period is from November 1, 2017 to November 20, 2018, and the defect period is from November 21, 2018 to November 21, 2023.

On May 2018, the Plaintiff completed most of the instant construction, completed the completion work by October 31, 2018, and issued a tax invoice of KRW 89,700,000 for the construction cost as the person who is supplied with Defendant B on the same day.

E. On the other hand, the Plaintiff was requested by Defendant C to perform the additional construction work, such as the installation work of wheels and system vision alteration work (hereinafter “the additional construction work”), and completed the construction work. The Plaintiff completed consultation on the additional construction work with Defendant C through F, a field director of the instant new construction work, and issued a tax invoice of KRW 41,00,000 for the construction work price on November 1, 2018 to Defendant C.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 5, 6, 7, and 12 (including paper numbers; hereinafter the same shall apply), witness G testimony and all pleadings.

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