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(영문) 대구지방법원안동지원 2015.05.13 2015가단397
공사대금
Text

1. The defendant shall pay 85,62,480 won to the plaintiff and 20% per annum from January 9, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. On March 26, 2014, the Defendant entered into a subcontract agreement with Tae Young Construction Co., Ltd. with respect to one section for sewage culvert construction, one section for one-one construction, and one section for one-1 construction.

B. On March 2012, the Defendant concluded the so-called “instant contract for construction work” with the Plaintiff (hereinafter “instant contract for construction”).

2. The name of joint works: C;

4. Construction period: Amount of contract on or before July 30, 2013 on or after the completion of March 5, 2012, 2013: Newly Inserted by Presidential Decree No. 2135, Jul. 30, 2013; Amount of contract: Connecting pipes excluding packing recovery (in-house)-20,000 won/m: Drainage systems excluding packing recovery (in-house)-400,000 won/household (in-house 1type): Indoor packing and smoke testing; -350,000 won/households (in-house 50,000): Indoor packing recovery and smoke testing; and the septic tank closed.

B. At the time of entering into the instant construction contract between the Plaintiff and the Defendant, the Defendant directly paid the relevant company equipment costs, oil costs, food expenses, etc., and agreed to pay the Plaintiff the remainder of the construction cost after deducting the above costs from the Plaintiff’s flag construction cost.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1 and 4, purport of the whole pleadings

2. The Plaintiff asserted that the construction was completed under the instant construction contract. The Plaintiff sought payment for the accounts payable for the construction cost from November 2012 to April 2013, and payment for the oil price and the total sum paid by the Plaintiff on behalf of the Defendant, KRW 85,622,48, and damages for delay.

On July 29, 2014, the Defendant settled with the Plaintiff on July 29, 2014 after the annual test. Since the design price of the instant construction works has been partially changed and the total construction price has been reduced by using heavy equipment, not human resources, the Defendant still remains 72,934,00,00, which deducts the total of KRW 121,740,343 of the construction cost first demanded by the Plaintiff from the annual test cost of KRW 115,885,27 of the reduced construction cost to be returned to the Defendant by the Plaintiff, and the total of KRW 6,580,000 of the annual test cost paid by the Defendant on behalf of the Plaintiff, 122,465,27.

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