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(영문) 의정부지방법원 2013.09.25 2011가단58756
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,816,300 and interest rate of KRW 20% per annum from September 24, 2011 to the day of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company established for the purpose of electrical construction business, fire fighting business, communications business, etc., and the Defendant is a personal entrepreneur who runs gold and plastic manufacturing and wholesale business in the trade name of “C.”

B. The Defendant entered into a construction contract with D to newly construct the 410.22 square meters of a single floor of a general steel structure, the 2nd floor of a general steel structure, and the 2nd 2nd 2nd 4 square meters of a 2701.65 square meters of the 2nd 2nd 2nd 2nd 4 square meters of the 2nd 2nd 2nd 2nd 2nd 2nd 4 square meters of the building (hereinafter “instant building contract”). D paid KRW 250 million of the agreed construction cost to D.

C. Around February 2009, D entered into a subcontract with the Plaintiff on the part of the instant construction works, such as electric power line construction, electric light charging construction, telecommunications installation, and fire fighting installation works (hereinafter “the first construction contract”). Around July 2009, the Plaintiff completed construction works under the said subcontract.

In addition, on April 6, 2009, F entered into a contract for construction with the Plaintiff on behalf of the Defendant for power-driven construction (e.g., main power-driven, twit, factory-in electric cable construction) (hereinafter “second contract for construction”). On May 22, 2009, the Plaintiff completed construction works excluding electric wires installed among the construction works under the second contract for construction, and received KRW 3,000,000 from the Defendant on the same day.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 5, Gap's evidence 6-1 to 12, witness D's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff agreed that the Defendant’s agent would directly pay the Plaintiff the construction cost of the first construction contract. ② Although the construction work under the second construction contract was completed, only KRW 3,00,000 out of the construction cost was paid by the Defendant, the Defendant is obligated to pay the Plaintiff the total construction cost of KRW 35,816,300 and the delay damages therefrom.

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