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Reasons
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(영문) 서울중앙지방법원 2020.11.13 2020가단5008374
공사대금
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1. The defendant shall pay to the plaintiff 31,20,000 won with 12% per annum from January 21, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 15, 2019, C transferred the office office from Gangnam-gu to Gangnam-gu Seoul, Gangnam-gu, Seoul, and ordered the Defendant to perform the interior works prior to the office. The Defendant awarded a subcontract to the Plaintiff, and the Plaintiff performed the painting work from April 15, 2019 to May 13, 2019.

B. However, C requested suspension and withdrawal of interior works on the ground that the Defendant demanded excessive construction cost, and the Plaintiff discontinued construction with the Defendant and accepted it on the spot.

C. On September 2, 2019, the Defendant paid to the Plaintiff KRW 11,00,000,000, and KRW 15,000,000, respectively, on October 18, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, purport of whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that the plaintiff performed a painting construction work by May 13, 2019, and the defendant is obligated to pay the construction cost. The defendant and the defendant agree on the settlement of the construction cost of KRW 52,00,000 (excluding value-added tax). The defendant is obligated to pay the remainder of the construction cost of KRW 31,20,000,000, which is not paid to the plaintiff.

As to this, the defendant asserts that there is no time to settle the construction cost between the plaintiff and the plaintiff, so the plaintiff cannot respond to the plaintiff's claim.

B. According to the evidence Nos. 1, 2, and 4 through 10, the Plaintiff issued a written estimate of KRW 60,500,000 to the Defendant on May 16, 2019, but issued a tax invoice of KRW 57,20,000 for the construction cost on June 16, 2019. On August 13, 2019, the Plaintiff sent a Canadian text message to the head of the FF, who was an employee of the Defendant, for the settlement of the construction cost of KRW 55,00,000 for the construction cost with the G head of the department, and for the payment of the construction cost by directly visiting the Defendant Company on August 21, 2019, and for the FF on August 28, 2019.

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