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(영문) 의정부지방법원고양지원 2016.01.13 2015가합1819
공사대금
Text

1. The Defendant’s KRW 257,43,014 as well as the Plaintiff’s KRW 20% per annum from May 29, 2015 to September 30, 2015, and the following.

Reasons

Facts of recognition

The Defendant organized a joint supply and demand organization (hereinafter referred to as the “joint supply and demand organization of this case”) as the representative of Gyeongnam-do Co., Ltd. (hereinafter referred to as the “Seoul-do Co., Ltd.”), and received contracts from Chungcheongnam-do in the way of joint performance of the construction work for Masan-do.

On May 2, 2011, the Plaintiff entered into a construction subcontract with Defendant and Gyeongnam-si to accept the said construction contract (hereinafter “instant subcontract”) with the construction cost of KRW 1,153,779,00 (including value-added tax) for the said construction work during the said construction work period from May 2, 2011 to September 13, 2013, and entered into a contract to revise the construction period from May 2, 2011 to December 31, 2014.

Since then, the Plaintiff completed the instant construction work in accordance with the instant subcontract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, and the plaintiff's argument on the ground of the plaintiff's claim for determination of the overall purport of the pleadings, and the plaintiff was subcontracted to the defendant and Gyeongnam enterprise for construction cost of KRW 1,153,779,00 on May 2, 2011, the plaintiff was awarded a subcontract between the defendant and Gyeongnam enterprise for the construction cost of this case, and the plaintiff completed the construction of this case as seen earlier. The plaintiff and Gyeongnam enterprise settled the additional construction cost of the construction of this case at KRW 58,00 on February 16, 2015. The plaintiff received KRW 962,490,000 in total as the construction cost of the construction of the construction of this case from Gyeongnam enterprise, and the plaintiff and Gyeongnam enterprise paid KRW 1,53,000 on around 15,000 from Gyeongnam enterprise to the plaintiff for payment of construction cost under the subcontract of this case.

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