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(영문) 인천지방법원부천지원 2016.01.15 2015가단6304
물품대금등
Text

1. The Defendant’s KRW 53,874,00 for the Plaintiff and 6% per annum from March 28, 2015 to January 15, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in a household production and installation business in the trade name of “B,” and the Defendant is a company with the main purpose of building construction business and engineering work business.

B. On May 3, 2014, the Plaintiff entered into a subcontract with the Defendant and Yongsan-gu Seoul Metropolitan Government C Apartment A, 203, and 204 (hereinafter “instant construction”) on which the construction work for the production and installation of a household during the construction period from May 3, 2014 to May 30, 2014; the rate of delayed delay penalty is 0.3% per day, and the construction cost is 104,500,000 won.

(hereinafter “instant contract”). C.

The instant contract was determined to calculate and settle the volume of the instant construction project in excess of 10%, if any, to increase and decrease the volume of the instant construction project. However, the Defendant’s additional construction cost for the instant construction project, which was recognized upon the Plaintiff’s additional claim for construction cost, is KRW 17,600,000.

(Plaintiff asserts that the additional construction cost is KRW 34,149,00,000, but it is not sufficient to acknowledge only the evidence No. 14-1 through 4, and there is no other evidence to acknowledge the remainder of the additional construction cost exceeding the above KRW 17,60,000 recognized by the Defendant).

The Plaintiff completed all of the instant construction work on July 10, 2014, and received KRW 60,900,000 from the Defendant as the construction cost of the instant case.

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, evidence 6-1, 2, 14-1 through 4, Eul evidence 6, Eul evidence 8-1, 2, 9-1, and 2, the purport of the whole pleadings

2. Determination

A. According to the above findings of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remaining construction cost of KRW 61,200,000 (the additional construction cost of KRW 17,600,000 for the construction cost of KRW 104,50,000 for the construction cost of KRW 17,60,000 for the construction cost of KRW 60,900 for the construction cost of KRW 10,000 for

B. On July 15, 2014, the Defendant rendered a judgment on the set-off claim based on the claim for compensation for delay against the Defendant’s defense.

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