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Reasons
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(영문) 서울중앙지방법원 2015.06.15 2014가단173647
공사대금
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The defendant shall calculate 45,00,000 won to the plaintiff and 20% per annum from July 29, 2014 to the day of full payment.

Reasons

1. Facts of recognition;

A. B used the name “representative” from November 1, 2013, and served for the Defendant Company. However, the employee insured, such as the National Pension, acquired on January 1, 2014, and retired around April 20, 2014.

B. B, as of December 2, 2013, the Plaintiff Company: (a) made and sent to the Plaintiff Company a written contract under which the Defendant Company contracted the part of the labor cost of the Dak Construction Co., Ltd. (hereinafter “instant construction”); (b) the construction cost of KRW 110 million (including value-added tax); and (c) the construction period from December 15, 2013 to January 15, 2014; (b) signed and sealed the said written contract; (c) sent it to B with the Plaintiff Company’s business registration certificate, written request; and (d) concluded the instant construction on December 111, 2013 and completed it on February 20, 2014.

However, the Defendant Company did not affix a seal to the above contract until the completion of the instant construction work and kept it.

C. B as of February 20, 2014, the Plaintiff Company entered into a verbal contract with the Defendant Company and completed the instant construction work from December 11, 2013 to February 20, 2014 (Evidence A2). D.

The Defendant Company paid to the Plaintiff Company only KRW 20 million on December 2013, and KRW 45 million on January 2014.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-3 to 7, Gap evidence 2, 3, 4, 11, 12, Eul evidence 1 and 2, Eul's testimony and the purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff Company’s assertion that the instant construction project was concluded by the Defendant Company as KRW 100 million (excluding value-added tax) and completed the construction project. The Defendant Company paid only KRW 65 million among them and did not pay the remainder of KRW 45 million. As such, the Defendant Company is against the Defendant Company.

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