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(영문) 인천지방법원 2018.11.22 2017가단43649
공사대금
Text

1. Defendant C shall pay to the Plaintiff KRW 52,518,410 as well as 15% per annum from July 11, 2018 to the day of full payment.

Reasons

1. Determination as to the claim for construction cost (the principal cause of claim);

A. On June 29, 2016, Defendant Company: (a) estimated to the Plaintiff, on August 10, 2016, the construction period from August 10, 2016 to September 10, 2016, the contract amount of KRW 33,000,00 (in the case of purchase, value-added tax shall be settled as a tax-free invoice for national housing; (b) the purchase shall be paid after the submission of evidentiary documents); and (c) Defendant C guaranteed the obligation for the construction cost.

On June 29, 2016, the Defendant Company subcontracted to the Plaintiff on August 29, 2016, another day and the Sanitary Organization Corporation (hereinafter referred to as “C Parcel Corporation”) among the construction works for constructing multi-family housing and two parcels of land, in the construction period from August 10, 2016 to September 10, 2016, the contract amount of KRW 35,000,000 (in the case of national housing tax-free business operators, the purchase value-added tax shall be settled, and the settlement shall be made at the time of submission of evidentiary documents), and the Defendant C jointly and severally guaranteed the obligation

B) Around December 15, 2016, the Plaintiff: (a) performed additional construction works, such as an Arabic Act, which is equivalent to KRW 6,00,00,00; (b) around May 2017, the Plaintiff paid KRW 35,184,100 for materials purchase while performing land B and C; and (c) paid KRW 3,518,410 for value-added tax; and (b) on April 15, 2016, the Defendant Company completed the construction period from April 20, 2016 to November 1, 2016; and (c) reduced the construction price to KRW 35,18,410 for goods purchase; and (c) the Plaintiff paid KRW 3,518,410 for value-added tax; and (e) reduced the construction price to KRW 100,000 for joint and several sureties construction works.

[Ground of recognition] The defendants' evidence Nos. 5, 6, 8, 9, 11, and 12, and the purport of the entire pleadings is 26,518,410 won (the contract amount of KRW 33,000,000 for additional construction work of KRW 35,000,000 for additional construction work of KRW 6,00,000 for additional construction work.

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