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(영문) 의정부지방법원 2016.07.07 2016나999
공사대금
Text

1. Of the judgment of the court of first instance, the Defendants jointly and severally committed against the Plaintiff KRW 7,500,000 and the aforementioned amount shall be from June 21, 2015 to July 7, 2016.

Reasons

1. Presumed facts

A. The status of the party is that the Plaintiff is a person who is engaged in artificial fishery in the name of “C”, and the Defendant’s prior design (hereinafter “Defendant’s prior design”) is a company engaged in a building business, artificial art business, etc., and Defendant B was a person who was engaged in artificial art business in the name of “D” from around B, 2014 to A, 2015.

B. From October 4, 2013 to August 24, 2014, the Plaintiff entered into a subcontract with Defendant B to accept a subcontract for interior works equivalent to a total of KRW 113,160,000 (Additional tax separately) as indicated in the following table (hereinafter “instant subcontract construction contract”), and all of the said construction works.

On October 4, 2013, the supply value at the temporary construction site of the E Publicity Center 6,50,000,000 on November 1, 201, the 4,000,000 or 7,800,000 on November 7, 14, 200 on April 14, 200 " 7,000,000; 40,000,000,000 for the Nauma Factory Large Quantity on December 8, 2014, 2006, for the Gau Puul G 2,350,000,000 on January 11, 2014.

3. H 8,000,000 square meters for the fifth floor of H. 8

d. NCF 17,500,000 9

7. 18. I New Zealand project 2,560,000

8. J New Zealand project 9,380,000 11.

8. 17.K 2001 Paplet 2,320,000

8. 24. Lapaplet 4,690,000

9. M 19. M 2001 M M 113,160,000 total 1,060,000

C. Meanwhile, the Plaintiff was paid a total of KRW 97,360,000 as the construction cost of the instant subcontract.

[Ground of recognition] Facts without dispute, Gap evidence 4, 5, Eul evidence 1, 2, and 3 (including branch numbers, if any; hereinafter the same shall apply) and the purport of the whole pleadings

2. Claim against the defendant B

A. According to the above findings of the determination as to the cause of the claim, Defendant B, barring special circumstances, deducted the amount that the Plaintiff had received from the Plaintiff out of the subcontract price of this case = 17,380,000 won = unpaid construction price of 15,80.

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