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(영문) 전주지방법원군산지원 2016.06.21 2015가단4806
공사대금
Text

1. The Defendant’s KRW 22,34,300 as well as 6% per annum from August 22, 2014 to June 1, 2015 to the Plaintiff.

Reasons

Basic Facts

The defendant is a company that aims at the construction business of communications facilities and equipment.

The plaintiff is a person who engages in small-scale construction business, and when the construction work is subcontracted by the defendant and completed it, the defendant has a comprehensive construction contract relationship in which the defendant pays the construction cost.

The Defendant was awarded a contract with the KSB Co., Ltd. (hereinafter “SK”), and subcontracted the said construction to the Plaintiff, and accordingly, the Plaintiff completed the instant existing construction around October 2012.

E. After the completion of the instant existing construction, E.S. contracted the additional construction works to the Defendant (hereinafter “instant additional construction”) around November 2012, when the part to be additionally constructed related thereto occurred.

SK confirmed that the instant additional construction was completed, and paid KRW 23,123,100 to the Defendant the construction cost of the instant additional construction.

[Ground of recognition] The plaintiff asserted that there was no dispute, Eul evidence No. 4, Eul's testimony of witness C, and the fact-finding results of this court's fact-finding with respect to E-Bad Co., Ltd., the plaintiff's assertion that the ground of claim as to the whole purport of the argument was completed, and the additional construction of this case was executed by subcontracting from the defendant

The construction cost incurred in the instant supplementary construction is KRW 22,344,300, and the Plaintiff issued a tax invoice to the Defendant on August 21, 2014 with the said amount as the construction cost.

However, the defendant does not pay the above construction cost to the plaintiff. The above 22,344,300 won and damages for delay shall be claimed from the day after the issuance of the above tax invoice to the day of complete payment.

In fact, at the time of the execution of the existing construction works and the additional construction works in this case, the existing construction works and the additional construction works in this case were contracted to E.

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