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(영문) 수원지방법원 2020.06.10 2019가합25090
공사대금
Text

1. The Defendant’s KRW 233,880,650 as well as 6% per annum from November 6, 2018 to October 10, 2019 as to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The following facts can be acknowledged according to the purport of Gap evidence Nos. 1 through 15 (including paper numbers) and the entire arguments.

1) The Plaintiff entered into each of the following construction contracts with the Defendant (mutual C Co., Ltd. before the change) and with respect to the new construction of D Building ordered by the Defendant (the construction price includes value-added tax).

hereinafter the same shall apply.

() Around July 2018, each construction work was completed. On December 15, 2016, each of the construction works was completed. On January 3, 2017, 2017, KRW 60,786,800,00 for interior interior interior interior interior interior interior interior interior interior interior interior interior works, KRW 968,00,000 for F interior interior interior interior interior interior works, KRW 80,837,350 for the total sum of KRW 1,867,524,150 for the Defendant and D’s households as follows, and the Plaintiff agreed on the implementation and cleaning of all of each installation works.

693,00 won for temporary cleaning of occupancy around October 2015; 2,959,000 won for cleaning around June 2016; and 7,936,500 won in total, around August 2016;

B. The Plaintiff is a person who received KRW 874,00,000 from the Defendant respectively as the construction cost of the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior works of KRW 756,580,00,00 as the construction cost of the interior interior interior interior interior works, and of KRW 874,00,000 as the construction cost of the interior interior interior interior interior works and tin works.

C. According to the above facts, the defendant is obligated to pay to the plaintiff the total amount of the construction cost of KRW 233,880,650 (=1,867,524,150 won - KRW 7,936,500 - KRW 756,580,000 - KRW 11,000,000 - 874,000,000 after the completion date of each of the above construction works, which the plaintiff seeks from November 6, 2018 to October 10, 2019, the delivery date of a copy of the complaint of this case, 6% per annum under the Commercial Act, and 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.

2. It is so decided as per Disposition by admitting the plaintiff's claim on the ground that it is reasonable.

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