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(영문) 서울남부지방법원 2019.03.22 2016가단253697
공사대금
Text

1. The Defendant’s KRW 17,265,294 as well as the Plaintiff’s KRW 6% per annum from November 20, 2014 to March 22, 2019.

Reasons

1. Basic facts

A. On March 2013, 2013, the Plaintiff was awarded a subcontract for a new construction work of electric power resource housing to the Defendant, the Defendant, who was awarded a contract with the Defendant, for the construction work.

(2) Around October 20, 2014, he/she has been awarded a subcontract for the construction work of 1,860,000,000 won for the installation of the window dives and dives dives dives dives dives dives dives dives dives dives dives dives dives dives dives dives gives dives dives dives dives gives dives dives

B. Although the Plaintiff completed each of the above construction works, the Defendant paid to the Plaintiff KRW 26.5 million (i.e., the sum of KRW 16.5 million on October 28, 2014) among the construction cost as above (i.e., KRW 16.1 million on November 19, 2014).

[Ground of recognition] Facts without dispute, Gap evidence 3-1, 2-2, Gap evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. As the cause of the instant claim, the Plaintiff sought against the Defendant the payment of the unpaid construction cost of KRW 24,925,00 (including surtax) plus KRW 500,00,00 for the remainder of the construction cost claimed by the Defendant after deducting KRW 4 million from the cost of the shocking Works and KRW 500,000,000 for the remainder of the construction cost (including surtax).

B. As to this, the Defendant acknowledged the Plaintiff’s claim and reduced the amount of construction cost in lieu of the Plaintiff’s construction cost in lieu of the Plaintiff’s construction cost, as follows and the Plaintiff’s assertion that the construction cost was paid in excess of KRW 500,000,00 in lieu of the Plaintiff’s construction cost. The Defendant asserted that the Plaintiff’s claim in this case could not be complied with, since the construction cost was paid in excess of the amount of construction cost.

1) As to the construction cost (1) above, an agreement was made to reduce the construction cost by 6 million won after the completion of the construction work, and the written estimate for the construction cost (as to the indirect construction cost stated in subparagraph 3-1 of the certificate No. 3, 270,577) is to be paid by the Defendant.

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