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(영문) 수원지방법원 안산지원 2018.06.20 2017가단9947
공사대금
Text

1. Defendant B’s KRW 131,243,00 as well as the Plaintiff’s annual rate from March 23, 2017 to July 16, 2017, and the following.

Reasons

1. Basic facts

A. Thai Co., Ltd. subcontracted to Defendant B the construction of reinforced concrete among the construction works of “D building construction” located in Young-gu, Young-si C, and the inside and outside construction works of Defendant Si-dong Construction Co., Ltd. (hereinafter “Defendant Si-dong Construction”).

B. On November 8, 2016, Defendant B subcontracted the said reinforced concrete construction to the Plaintiff with the following content:

(1) Contract amount: 540,1200,000 won [ = 492,00,000 won per household (41,000 won per household x 12 households x 49,200,000 won)] (2) Advance payment of KRW 11,00,000 per place at the time of the establishment of a parking lot: Payment of KRW 60,000,000 for 60,000 after the conclusion of a contract: Payment of 40% for 3 days after the conclusion of a contract for the second floor : Payment of 20% within 30 days after the completion of the construction / Adjustment of price and payment following a design change, economic situation change, etc. (c) Payment within 30 days after the completion of the construction / Payment from the date of adjustment from the ordering person / Payment within 15 days after the date of receipt of the adjustment in accordance with the contents and proportion of subparagraphs 1, 5, and the purport of the entire pleadings

2. The assertion and judgment

A. According to the overall purport of Gap evidence Nos. 2, 4 through 7, Eul evidence Nos. 1, and Eul evidence Nos. 1, as to the claims against defendant Eul, the defendant Eul delegated the management of the construction site of this case to defendant Eul, Eul employed Eul as the site manager, and the design modification was made to expand the area at the request of the occupants during the plaintiff's construction work. In other words, the area per household was increased from 34 to 42 to 50, and the size of the parking lot increased from 12 to 25 to 33, and the plaintiff agreed to construct only the building and parking lot of six households among 12 households, around February 11, 2017, since the construction work was completed, "F was paid 175,867,500 won for the construction cost of 59.8% of the completed portion of "92% of the construction cost," and the construction cost of the remainder was 2.32% to 94 to 2017.

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