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(영문) 인천지방법원 2019.02.20 2017가단37309
공사대금
Text

1. The Defendant’s KRW 42,089,076 for the Plaintiff and 6% per annum from November 3, 2014 to February 20, 2019.

Reasons

1. Determination on the cause of the claim

A. 1) As the Plaintiff received and completed construction from the Defendant, the Defendant is obligated to pay the money stated in the claim. 2) The Defendant did not exceed 30% of the total construction, and the contact was not made after September 27, 2014.

B. On September 11, 2014, the Plaintiff received the amount of KRW 71,50,000 from the Defendant on September 25, 2014 as the amount of KRW 71,50,000 and KRW 14,300,000 at the time of concluding the contract, and agreed to receive KRW 21,450,00 for materials entry announcement, and KRW 35,750,00 for not more than one month after the completion of the construction work. 2) The Plaintiff, as described in the summary of the attached construction work, provided that additional construction works equivalent to KRW 17,160,00 ( KRW 15,60,000 x value-added tax 1.1) were conducted.

3) On October 1, 2014, G L of D HotelF sent the Defendant’s employees H the e-mail “to undergo the first opening of FF on October 1, 2014, one copy of the electrical completion drawings and files (CAD) for electrical safety inspection until October 18, 100, and three copies of the completion drawings and files (CAD) until July 18, 100.” On the same day, H sent the Plaintiff’s e-mail to the site manager I on the same day. On October 7, 2014, the Plaintiff received the distribution drawings, sub-statements (the specifications of the use facilities), the receipts, the drawings, the main drawings, and the construction drawings, and the CAD (CAD) drawings and the CAD (the CAD) drawings and the CAD (the date on which the Plaintiff submitted the CAD’s 600,000,0000 total revenues).

5) In order for the Plaintiff to carry out construction works in D hotel F, the F’s safety management department (under safety management and approval) by 09:00 on the day after the completion of the construction work shall be prepared daily, and the construction safety date shall be determined after the completion of the construction work.

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