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(영문) 인천지방법원 2017.05.12 2015가단242817
공사대금
Text

1. The Defendant: (a) gold KRW 84,834,00 for the Plaintiff and 5% per annum from October 1, 2015 to May 12, 2017; and (b) the Plaintiff.

Reasons

In the instant case where the Plaintiff seeking the payment of the construction price for five sites subcontracted by the Defendant, the examination of evidence was conducted, including documentary evidence submitted by both parties during the fifth date for pleading, and the party examination against the Plaintiff himself.

[On the other hand, the gist of the allegations by the parties to the instant case is written in detail in the protocol for the preparatory date for pleading dated July 6, 2016]. Since each construction cost for which the Plaintiff seeks payment is based on a separate construction, each of the construction cost is based on the order of the Plaintiff’s claim, and thereafter, the reasons for the determination

Around March 2014, the Plaintiff received a subcontract for metal works from the Defendant (including value-added tax; hereinafter the same shall apply) among the library works located in Leecheon-si B, Leecheon-si, with the amount of KRW 24.2 million (including value-added tax; hereinafter the same shall apply). Since there is no dispute between the parties to the contract, the Defendant is obliged to pay the unpaid construction price of KRW 12.2 million and delay damages to the Plaintiff.

[A] The Defendant asserted that there was a defect in water leakage, etc. in the above construction works, but withdrawn from the third date for pleading. Around January 2015, when the Plaintiff of D Factory Construction Corporation from the Defendant around the third day for pleading, the fact that the Plaintiff received a subcontract from the Defendant for metal construction and windows (hereinafter referred to as “sponsing construction”) for KRW 181,50,000 from among D Factory Construction Corporation located in D E-factory at the time of Pakistan, there is no dispute between the parties (in the second day for pleading, there is no evidence to prove that the Defendant: (a) led to the confession of the above fact at the second day for pleading, but the confession was revoked, but there is no evidence to prove that the confession was against the truth or due to mistake); (b) evidence No. 2 and No. 8-5, evidence No. 5, and the entire purport of pleading as a result of the party examination against the Plaintiff, the result of settlement after the construction works, and the construction cost and value-added tax shall be paid in total.

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