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(영문) 대전지방법원 2018.06.07 2016가단38693
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 23,00,000 and the interest rate of KRW 15% per annum from December 6, 2016 to the date of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company that runs the business of establishing and selling furniture, and the Defendant is a company that runs the business of manufacturing and selling furniture.

B. From December 201, the Plaintiff and the Defendant concluded and implemented an installation agreement with the Plaintiff to supply the Plaintiff with the furniture and parts to be installed at a specific construction site, and transport, assembly, installation, finishing, and repair of the said furniture and parts at the pertinent construction site.

C. Around March 2012, the Defendant requested the Plaintiff to establish a household at the site of D Company E located in Kimpo-si, Kimpo-si (excluding value-added tax) by setting the contract amount of KRW 115,00,000 (excluding value-added tax) and the period of establishment from March 25, 2012 to October 11, 2012. ② Around July 2012, the Defendant requested the Plaintiff to establish a household at the site of G Company H located in Hongcheon-gun, Gangwon-gun, Seoul (excluding value-added tax), the contract amount of KRW 70,000,000 (excluding value-added tax), and the period of establishment from July 24, 2012 to December 31, 2012; ③ around May 2015, the contract amount of the K company at the site of Yeonsu-gu, Yeonsu-gu, Incheon, for the period from March 25, 2015 to December 31, 2015.

The defendant does not pay to the plaintiff KRW 10,000,000 out of the contract price under the above establishment contract, ② the contract price under the establishment contract, ③ the contract price under the establishment contract, ③ the contract price of KRW 6,000,000 out of the contract price under the establishment contract.

[Ground of recognition] The fact that there is no dispute, Gap's evidence 1 through 8, Eul's evidence 2-1, 3 through 6, the purport of whole pleadings

2. The parties’ assertion that the Plaintiff filed a claim for the remainder of each construction price against the Defendant on the premise that the construction work under each of the above installation contracts was completed as the cause of the instant claim. The Defendant filed a claim for the remainder of each construction price against the Defendant.

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