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(영문) 대전지방법원 2016.06.09 2015가합103443
공사대금
Text

1. The Defendant’s KRW 135,909,621 as well as the Plaintiff’s annual 5% from August 27, 2014 to June 9, 2016, and the following.

Reasons

1. Presumed facts

A. On May 12, 2014, the Defendant was entrusted with the manufacture and installation works of RACK from the SP Co., Ltd. (hereinafter “S”), and on the same day, the Plaintiff concluded a consignment agreement with the Defendant on the construction goods that the Defendant would pay after the issuance of the tax invoice the amount calculated by deducting the material cost (e.g., classical, steel board, V., V.), production cost (V.), labor cost, and tax (income tax, etc.) from the specifications contracted with the UN.

B. The Defendant was entrusted with the production and installation works of A3-P1 PIPK, including those from C-K, production and installation works in the freezing machine room (C-K, 27-31 column), production works of A-D additional PIPK, J-K production and installation works of J-K PIPK, and four production works of J-K PIPK production and installation works of J-K PIPK (hereinafter referred to as “the instant construction works”), and the Plaintiff completed the construction works on August 26, 2014 by being entrusted by the Defendant (hereinafter referred to as “the instant construction works”). The Defendant received the payment of KRW 1,712,042,960 in total from C-K as construction costs. The Defendant received the payment of KRW 1,712,042,960 in aggregate from C-K. The grounds for recognition, and the number Nos. 1, 2, and 1, number No.

The purport of all pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that “the Defendant is obligated to pay the cost of materials from KRW 1,712,042,963, production cost of KRW 648,961,363, production cost of KRW 305,694,50, labor cost of KRW 334,620,00, tax reserve amount of KRW 5,560,80, tax reserve cost of KRW 1,530,400, purchase cost of 1,140,000, 1,140,000, 105,210,391, and 130,305,305,50, and 503, from the site cost of the Plaintiff’s work that the Defendant received from S. P. under the instant contract, and delay damages therefrom.”

B. The judgment of the defendant.

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