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(영문) 광주지방법원 2013.02.21 2011가단66165
공사대금
Text

1. The Defendant’s KRW 12,796,071 as well as 6% per annum from October 21, 201 to February 21, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. B was operating a personal business entity called “C” in which air-conditioning facilities are installed, but on August 5, 2010, the Plaintiff Company was incorporated by comprehensively transferring the assets, etc. of the said business entity.

(hereinafter referred to as “Plaintiff” is also a private enterprise operated by B, except in extenuating circumstances.

On March 2, 2009, the Defendant contracted to the Plaintiff for installation works for air conditioners (hereinafter “first construction works”) among the construction of D University gymnasiums by setting the contract amount of KRW 20,00 in GHP interior machine (including value-added tax per unit value-added tax), KRW 11,60,000 in the contract amount, and KRW 11,60,00 in the contract amount. C. The Plaintiff and the Defendant’s employees signed contracts on June 9, 2009 with KRW 103 (660,000, including value-added tax per unit), KRW 14 in the GHP indoor machine, and KRW 67,980,00 in the contract amount, and KRW 2 in the contract amount for installation works for air conditioners (hereinafter “second construction works”).

There was a conflict of opinions as to whether the Plaintiff and the Defendant paid the Plaintiff reasonable construction cost, and whether the Plaintiff tried to raise the construction cost at will and reduce the scope of construction work. Since October 2009, the Plaintiff’s construction work was suspended from October 1, 2009 due to the conflict of opinions between the original Defendant and the Defendant, and thereafter, the Defendant continued the remaining construction work.

E. On March 20, 2012, B sent a content-certified mail to the Defendant that the instant claim for construction price was transferred to the Plaintiff Company.

[Ground of recognition] Facts without dispute, Gap evidence 2, 5, and 8, witness F's testimony, the purport of the whole pleadings

2. As to the contract price of construction

A. The fact that the contract value of the primary construction is 11,660,000 does not conflict between the parties and that the contract value of the primary construction is 102 indoors (one reduction compared to the contract) and that there is no dispute between the parties.

B. The contract amount of the secondary construction work between the original Defendant is 67,980,000 won.

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