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(영문) 인천지방법원 2018.01.31 2017가단93
공사대금
Text

1. The Defendant’s KRW 2,884,00 for the Plaintiff and 6% per annum from January 12, 2017 to January 31, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a person engaged in interior construction business, etc. under the trade name of “C”.

On January 14, 2014, the Plaintiff entered into a construction contract (hereinafter “instant contract”) with the Defendant with the content that the E-care center interior works (hereinafter “instant construction works”) located in Young-gu, Young-gu, Young-si (hereinafter “the instant construction”) will be the contract amount of KRW 203,50,000 (including value-added tax) and the construction period of KRW 15 to February 15, 2014 (hereinafter “the instant contract”).

B. The instant contract is a contract under which the amount of KRW 50,00,000 (excluding value-added tax) is reduced out of the construction amount, and the said condition is effective at the time of the construction contract for the F medical care center located in Yongsan-do, and the amount of KRW 50,000,000 (excluding value-added tax) reduced by the time the said construction contract is not completed by the time the said construction work is completed shall be KRW 210,000,000, including the total construction amount (excluding value-added tax). The instant contract is attached to the special agreement that the bank becomes final and conclusive in February.

Meanwhile, the Plaintiff and the Defendant agreed to pay KRW 27,500,000 (including value-added tax) separately from the construction cost of the instant case.

C. The Plaintiff completed the instant construction on February 2, 2014 to March 2, 2014, and did not install air conditioners.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The assertion;

A. The Defendant’s husband G on behalf of the Plaintiff demanded that the Plaintiff reduce the construction cost to the Plaintiff to have the Plaintiff perform the new construction work of the Medical Care Center F located in Heung-gu, Young-gu (hereinafter “Medical Care Center”).

Accordingly, the Plaintiff entered into the instant contract with the amount of KRW 231,00,000 (including the cost of installing air conditioners and the value added tax) reduced from KRW 286,000 to KRW 55,000,000 (including the cost of installing air conditioners), which was originally presented by the Plaintiff on the condition that the construction work of the medical care center was undertaken, but did not actually perform the construction work

Therefore, the defendant further increased the above KRW 5,000 to the plaintiff 286,000.

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