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(영문) 대구지방법원 2017.02.27 2015가단22882
공사대금등
Text

1. The Defendant: (a) KRW 23,168,300 for the Plaintiff and KRW 5% per annum from June 16, 2015 to February 27, 2017; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is an individual entrepreneur who performs a creative construction work under the trade name B, and the Defendant is a corporation that aims at electrical construction business, creative construction business, etc.

B. On January 4, 2013, the Plaintiff and the Defendant: With respect to the “C Construction Work” (hereinafter “C Construction Work”): The construction site: Five history and five history history from the F service site to G service site of Suwon-gu E in Daegu-gu to the G service site: the scope of the original construction work among drawings, specifications and special specifications shall be based on the details of the construction work.

Of the creative works, a contract was concluded with the content of Aluminium (construction of metal), contract amount: 610,000,000 won (Additional tax separately), and the time of completion: June 25, 2014.

C. On July 7, 2013, the Plaintiff and the Defendant entered into a contract to change the contract amount of KRW 641,60,000 (Additional Tax Table) with respect to the instant creative construction contract to December 30, 2014.

On May 29, 2013, Nonparty H paid KRW 355,500 to Nonparty H for hospital expenses, on the ground that Nonparty H sustained a bad finger wound among the instant creative construction works. The Plaintiff paid KRW 355,500 to Nonparty H the said hospital expenses and KRW 6,00,000,000. The Defendant paid to Nonparty H the said amount that the Plaintiff paid to Nonparty H. 6,35,500.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 2, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) The initial gallon color color was “N7.5” in relation to the instant creative construction works. During construction, the color of the gallon formation was “115,” and the color of the gallon formation was changed to “1,00,” respectively, to “1,000, additional costs 22,462,800 won [2,40,000 won for personnel x 35,000 won for equipment 1,40,000 won for personnel x 14,812,80 won for the instant creative construction works, and 1,000,000 won for the additional construction of the instant gallon formation due to the change in the color of the gallon formation.2) As a result, the construction of the gallon formation was changed to the bottom of 15 meters for the gallon formation construction of the instant construction works.

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