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(영문) 서울중앙지방법원 2017.06.15 2015가단5133412
공사대금
Text

1. The Defendant’s KRW 63,969,710 for the Plaintiff and the following day from May 27, 2015 to June 15, 2017.

Reasons

1. Occurrence of liability for payment of construction price;

A. Facts 1) The Plaintiff is a company engaged in construction business, US class lessons, etc. and engaged in construction business on March 10, 2014, with the Defendant and the Korea Land and Housing Corporation, KRW 660,00,000 (excluding value-added tax and construction period, and from March 10, 2014 to March 10, 2014) for the total construction cost of the unused, waterproof, lighting, and different portion of the “Seoul Gangnam Gidong Elementary School Construction Corporation” that the Defendant contracted by the Korea Land and Housing Corporation.

6. A contract for construction with a subcontract for a specific period of up to 30. The contract started around that time.

(2) The Plaintiff agreed to perform the instant subcontracted project as requested by the Defendant during the instant subcontracting project and to be paid the said additional construction project on or around August 2014. (3) The items of the instant subcontracted project and the amount of the said additional construction project executed by the Plaintiff pursuant to the said additional construction agreement are as indicated in the attached Table of Construction Details.

【Recognition of Fact-finding】 The fact that there has been no dispute, Gap’s evidence 1, Gap’s evidence 3 through 8 (including a serial number; hereinafter the same shall apply), and the purport of the whole pleadings as a result of a request for appraisal to appraiser A by this court

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 744,206,100 (i.e., KRW 660,00,000,000, KRW 84,206,100, value-added tax separately, and the total construction cost of this case (hereinafter “the total construction price of this case”).

2. Judgment on the defendant's assertion

A. As to the Defendant’s claim for reimbursement, from April 30, 2014 to October 20 of the same year, the Defendant’s preparatory brief dated March 21, 2017, stating that the Defendant paid KRW 734,450,00 to the Plaintiff as the construction price under the instant subcontract and the instant additional agreements.

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