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(영문) 서울동부지방법원 2015.10.28 2014가단55148
공사대금
Text

1. The Defendant’s KRW 19,379,850 for the Plaintiff and KRW 5% per annum from June 23, 2014 to October 28, 2015.

Reasons

1. The fact that the Plaintiff received from the Defendant around 2014 a contract from the Defendant for the Human CPC for the construction cost of KRW 132 million (including additional tax) and completed construction work in June 2014, from the Plaintiff during the period of 2014 (hereinafter “instant construction work”). There is no dispute between the parties.

2. Determination

A. The Plaintiff asserts to the effect that, during the instant construction work process, the Plaintiff entered into an additional construction agreement with the Defendant, which constitutes KRW 3,355,00,00 for the first-lane construction work price, KRW 4,470 for the second-lane construction work price, and KRW 950 for the second-lane construction work price. However, it is insufficient to find that the Plaintiff entered into an agreement with the Defendant to pay additional construction price, and there is no other evidence to support this portion of the Plaintiff’s assertion as to the existence of an additional construction agreement.

B. The plaintiff's defense as to how much the construction cost paid was paid by the defendant as KRW 111,805,950,000, and the defendant asserted to the effect that the defendant paid all the construction cost of this case to the plaintiff, and thus, it can be acknowledged that the amount paid by the defendant to the plaintiff as the construction cost of this case constitutes a total of 112,620,150, as shown in the table below. Thus, the defendant's defense is justified within the above scope.

When the defendant pays the construction price by credit card, the payment date was stated as the payment date, and the credit card company's payment date was stated separately in the first place.

The term "A 5-1", "A 5-1, B 1-1, and March 26, 2014, based on the recognition of the method of payment of the amount (won), 970,000 credit cards A 5-3, and B 1.670,000", "A 5-2, and 1.675", "A 1.5-2, Eul 1-35,000,000 account transfer from March 4, 2014 to March 4, 2014 (see April 22, 2014) "A 5-2, and 1.80,000 won", and "A 5-2, and B 1.85,000 won" (see April 22, 2014).

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