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(영문) 서울중앙지방법원 2017.06.13 2015가단141227
공사대금
Text

1. The Defendant’s KRW 50,646,985 as well as the Plaintiff’s annual rate of 5% from September 1, 2015 to June 13, 2017.

Reasons

1. Basic facts

A. On March 23, 2015, the Plaintiff: (a) the Seocho Children’s playground Repair Project Co., Ltd. (1) decided from the Defendant on March 23, 2015, the construction cost of KRW 34,650,000 (including surtax) with respect to the Seocho-gu Children’s playground Repair Project; and (b) the period from March 10, 2015 to April 20, 2015, the Plaintiff entered into the subcontract construction contract of this case.

(2) The Plaintiff completed the instant playground construction and received KRW 12,00,000 as the construction cost from the Defendant. (b) The New Hospital Construction Corporation (1 Plaintiff entered into an agreement with the Defendant for KRW 31,350,000 on February 13, 2015 and hereinafter “the instant water pipeline construction agreement”).

(2) Around July 2015, the Plaintiff suspended construction work as it did not receive construction work advance payment from the Defendant. (3) Around July 2015, the Plaintiff was paid KRW 5,500,000 as advance payment from the Defendant. (4) Around July 2015, the Plaintiff suspended construction work.

2. The plaintiff's assertion

A. In relation to the instant playground construction, the Defendant is obligated to pay to the Plaintiff the remainder of 51,780,645 won remaining after deducting the 12,00,000 won already paid out of the total construction cost of KRW 63,780,645 (=the additional construction cost of KRW 29,130,645).

B. In relation to the instant water-supply facility, the Defendant is obligated to pay to the Plaintiff KRW 19,534,127,00,00,00,00 for the total construction cost plus KRW 5,50,00,00 for the total construction cost (=28,50,000 x 0.7) plus KRW 14,450,00 for the equipment cost, which the Defendant promised to pay to the Plaintiff, KRW 3,465,00 for the equipment cost, and KRW 1,619,127 for the materials cost used by the Defendant.

3. The total construction price for the instant playground construction

A. In addition to KRW 34,650,00 in relation to the above play-based construction works, the details and amount of the construction works additionally made by the Plaintiff at the Defendant’s direction are KRW 23,403,170 in total as follows.

The third production cost of the boundary title of 1,782,00 Won 1,782,00 as the second production cost of the boundary title of 5,170,000 Won 2.

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