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(영문) 대전지방법원 천안지원 2018.12.12 2018가단3720
공사대금
Text

1. The Defendant’s KRW 30,783,502 as well as the Plaintiff’s annual rate of KRW 6% from March 30, 2018 to December 12, 2018.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that manufactures, sells, or engages in wholesale and retail business for households. 2) The Defendant, as a construction company, was under construction of C Apartment around March 2017 (hereinafter “instant apartment”).

B. On March 20, 2017, the Plaintiff entered into an outsourcing processing contract with the Defendant for the period from March 3, 2017 to December 31, 2017 (However, from April 1, 2017 to August 30, 2017, the full-time period for the production and supply of the instant apartment building) and entered into an outsourcing processing contract under which the Defendant would receive KRW 352,00,000, including value-added tax, as the construction price, (hereinafter “instant construction contract”).

C. The Defendant paid 180,000,000 won to the Plaintiff as the construction cost under the instant construction contract.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (if there is an additional number, including a branch number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination on the cause of the claim

A. Facts 1) After the conclusion of the instant construction contract, the Plaintiff and the Defendant changed the construction of the part to be directly executed by the Defendant among the parts to be executed by the Plaintiff under the instant construction contract. The construction cost of the fishing part under the instant construction contract is KRW 88,00,00. 2) The Plaintiff failed to perform the construction work of KRW 6,521,839, among the construction works to be executed under the instant construction contract, and the construction work of KRW 2,933,552, and the construction of an open place equivalent to KRW 90,00,00.

3) The Plaintiff completed the remainder of the construction except for the construction set forth in paragraphs (1) and (2) above. 【Evidence Nos. 6, 8, and 1 of the Grounds for Recognition】, the entire purport of the pleadings, and the purport of the entire pleadings, 【Evidence No. 7’s non-trusted evidence No. 7

B. According to the above facts of determination, the defendant paid the plaintiff the construction cost of KRW 352,00,000 under the construction contract of this case, which was paid to the plaintiff 180.

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