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(영문) 대구지방법원 2014.10.28 2013가단62435
공사대금
Text

1. The defendant shall pay to the plaintiff 48,822,959 won and a rate of 20% per annum from December 31, 2013 to the date of full payment.

Reasons

1. Facts recognized;

A. On April 9, 2013, the Defendant was awarded a contract for the production of a sun-dried factory from Samna Co., Ltd., and entered into a subcontract with the Plaintiff regarding the construction of a sun-dried production room for the production of the PTS panel (hereinafter “instant construction”) during the said construction (hereinafter “instant contract”).

(1) Contract amount: KRW 198,200,00 (excluding value-added tax) (2) payment of the price for completion of installation and operation at the site until May 31, 2013; KRW 10,000 (3) payment of the down payment; KRW 30,000,000 for the intermediate payment; ② payment at the site of intermediate payment of KRW 40,000 for the remainder; ③ within 10 days after the date of installation and operation at the site, and the raw material price supplied by the Defendant shall be deducted

B. In addition, under an agreement with the defendant, the plaintiff implemented additional construction project which is 8.45 million won (excluding value-added tax) and 3 million won (excluding value-added tax) in the construction amount.

C. On July 23, 2013, the Plaintiff completed the instant construction and additional construction work.

The Defendant’s construction price plus the Plaintiff KRW 30 million on April 9, 2013, and May 22, 2013; and

6. Each of 20.20 million won, July 23, 2013, KRW 7 million, KRW 15 million on August 6, 2013, and KRW 92 million on the aggregate. Meanwhile, the price of raw materials provided by the Defendant to the instant construction is KRW 81,629,128.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 and 5, witness C's partial testimony, purport of whole pleadings

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 48,822,959 [Article 128,020,872 [Article 128,200,00 for additional construction cost of KRW 11,450,00 for additional construction cost of KRW 198,200 for the instant construction cost of KRW 198,200 for the construction cost of KRW 11,450,00 for additional construction cost of KRW 81,629,128 for the raw material cost of KRW 81,62,00 for the amount paid - Amount of KRW 92,00 for the total construction cost of KRW 92,00 for the payment from December 31, 2013 to the date of full payment] and delay damages

3. The defendant's assertion and the defendant's assertion.

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