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(영문) 서울동부지방법원 2020.05.07 2018가단142095
공사대금
Text

1. The Defendant’s KRW 12,508,190 for the Plaintiff and KRW 6% per annum from August 30, 2018 to May 7, 2020.

Reasons

1. Basic facts

A. Around April 22, 2018, the Plaintiff, whose business purpose is soil construction business, etc., contracted the part of soil construction among the new construction works for the Gangnam-gu Seoul Metropolitan Government ground neighborhood living facilities and multi-household dwelling facilities that he/she received from the Defendant.

(hereinafter “instant construction project”). B.

According to the "Standard Subcontract Agreement for Construction Works" (hereinafter referred to as the "One Contract") prepared at the time, the total construction cost shall be KRW 126 million (including value-added tax) within 30 days from the date of receipt of the object, and the construction period shall be from April 22, 2018 to July 30, 2018, and the attached Form of the Contract shall be accompanied by a detailed statement of construction cost divided into ① land construction, ② C.I.P. construction, ③ facility construction, ④ materials and damages, ⑤ Appurtenant construction, ⑤ Appurtenant construction work.

C. Since the date of preparation for the instant construction project was more prepared than one page of the contract in blank. According to the above contract (Evidence No. 1 = (No. 1) stating that the title of the instant construction project is subject to the “Modification” [Attachment No. 1], the contract shall be reduced to KRW 169,416,00 (including value-added tax) after the change from the contract price to KRW 176,600,000 before the change. However, there is no change in the remaining matters (the construction period, the items and quantities of the payment materials, etc.) and no separate statement is attached.

The instant construction was completed on July 30, 2018 at the end of the eroding process, such as discovery of sacrific cancer and replacement of input equipment, etc.

Meanwhile, the sum paid by the Defendant to the Plaintiff is KRW 125,191,810 in total.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1 (= Eul evidence 1), Eul evidence 2, witness D's testimony, the whole purport of pleading

2. A party’s assertion as to the cause of claim;

A. The contract that reflects the substance of the Plaintiff’s assertion is a second contract that is made up later.

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