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(영문) 울산지방법원 2017.12.06 2016가단57825
공사대금
Text

1. The Defendant’s KRW 129,80,000 as well as 6% per annum from April 2, 2016 to June 20, 2016 to the Plaintiff.

Reasons

1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.

The Defendant contracted from the Silsan Construction Industry for the “Public School Teachers Extension and Other Construction Works, which are located in Silsan-dong 551-12, Silsan-dong 551-12, and subcontracted to the Plaintiff on November 20, 2015, the construction work of the said construction work, “the instant construction work” (hereinafter referred to as “the instant construction work”).

[1] The construction period was agreed upon from November 20, 2015 to February 29, 2016, and the subcontract amount was KRW 540,23 million.

The Plaintiff completed all of the instant construction works.

As of April 1, 2016, the Plaintiff issued an electronic tax invoice seeking the payment of KRW 120,980,000 (including value-added tax) for the unpaid construction cost.

[A] In addition, the Plaintiff asserts that the construction cost of KRW 6.2 million, materials and equipment costs, and the construction cost of KRW 14.80,000,000, including labor cost, KRW 6.2 million, materials and equipment costs, and construction cost, has occurred, and that the payment is sought, since the Defendant agreed to later settle the costs upon the request of the Plaintiff on February 2, 2016 to March 30, 2016.

On May 16, 2016, the Plaintiff sent a certificate of content demanding the Defendant to pay the said construction cost and additional construction cost by May 18, 2016, which was served on the following day to the Defendant on May 17, 2016.

[A] The Defendant did not comply with the above content certification, and the Plaintiff filed the instant lawsuit seeking the payment of the said construction cost and additional construction cost on June 7, 2016.

The defendant asserts that the construction cost requested by the plaintiff should be reduced as follows:

In order to verify the actual construction volume invested at the construction site of this case, the request for fact-finding to the Busan Metropolitan City Maritime Affairs Office of Education, which is the construction contractor, was sent, and at least there is no change between the actual steel and ready-mixed in relation to the construction project of this case and each quantity the last settlement is completed.

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