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(영문) 창원지방법원 진주지원 2018.01.17 2017가단30770
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 175,087,678 and the interest rate of KRW 15% per annum from February 15, 2017 to the date of full payment.

Reasons

1. The facts below the basis facts do not conflict between the parties, or can be acknowledged in full view of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 11.

The plaintiff is a person engaged in construction business, such as housing repair and reinforced concrete construction, under the trade name of "B", and the defendant is a business operator engaged in construction business, engineering work business, etc.

B. (1) On June 23, 2016, the Plaintiff and the Defendant concluded an attached contract (hereinafter “instant contract”) under which the Defendant subcontracted the Plaintiff with respect to the structural construction work (hereinafter “instant construction work”) among the “E new construction work,” which newly constructs three buildings of multi-household units on the ground owned by Nonparty C’s “Seoul-si, Chungcheongnam-si, Daejeon-si, Gyeong-si,” the Plaintiff and the Defendant entered into a new contract (hereinafter “instant contract”).

(2) According to the instant contract, the contract amount is indicated as KRW 467,610,00, KRW 500, KRW 50% separate settlement of the balcony area, and KRW 1,090,000 in cash payment (on a fair basis, payment shall be made in accordance with the process determined by the supervision upon a request.). (c) The Plaintiff re-subcontracted part of the structural frame under the instant contract to Nonparty F, who borrowed it from the name of the Song Forestry Construction Corporation. However, the first subcontract price was KRW 315,00,000 after the additional construction occurred, and thereafter the additional construction was changed to KRW 321,00,000 on July 10, 2016. (2) On July 10, 2016, the contract amount was written as KRW 1,200,000 per each item of the instant contract with respect to three multi-household construction projects constructed on the land between the Defendant and Song Forestry Construction Corporation (hereinafter referred to as “Bul”).

(D) On October 2016, the Plaintiff completed the structural construction stipulated in the instant contract, scisfying construction, and balcony construction, and on one completed multi-household building, the area of underground painting is 29.36 square meters (50% standard).

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