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(영문) 서울남부지방법원 2015.05.14 2013가합13758
공사대금
Text

1. Defendant B Co., Ltd.: (a) KRW 77,059,500 for the Plaintiff and the period from September 12, 2013 to May 14, 2015.

Reasons

Basic Facts

Defendant Cho Jae-p Co., Ltd. (hereinafter “Defendant Cho Jae-p”) subcontracted the C work contracted by Nonparty Cho Jae-p Korea Co., Ltd. to the MBB security system on August 6, 2012.

(80,000,000 won for the construction work) Defendant B (hereinafter “Defendant B”) was re-subcontracted to KRW 370,000,000 from the MB security system around that time.

At the time, Defendant B submitted a written estimate of total construction cost of KRW 370,000,00 to the above company, and each of the construction costs was calculated as KRW 21,606,375, among the construction costs, for pipes and distribution material costs, and for the construction cost, KRW 90,031,296.

Defendant B, around August 11, 2012, proposed that the Plaintiff (the business name “D”) will be assigned to KRW 110,000,000 in the price of the pipeline, distribution line, and product installation (hereinafter “instant construction”).

On August 19, 2012, the Plaintiff was unable to complete the construction with the above price after conducting an on-site inspection. However, the Plaintiff started the instant construction from August 23, 2012 to perform the construction by reducing the cost to the maximum extent possible, such as reducing the night labor cost.

In the process of construction work, personnel expenses and material costs have increased due to the change of main design, but the plaintiff completed the construction work around October 2012.

On December 20, 2012, the Plaintiff asserted that the cost required for the instant construction work is KRW 242,00,000,000, and claimed construction cost to Defendant B.

From August 24, 2012 to January 10, 2013, Defendant B remitted KRW 164,940,500 to the Plaintiff’s account as indicated in the following table, or disposed of by offsetting the amount of KRW 164,940,50 to the Defendant’s existing claim for the payment of goods against the Plaintiff.

The fact that on August 24, 2012, the amount paid on August 24, 2012, 1,900,000 on August 27, 2012, 80,60,600,000 on September 11, 200,000 on September 27, 2012, 200,000 on November 23, 2012, 200 on December 28, 2012, " 19,800,000" or " 12,67,000,000,000 on December 31, 2012, 7,70,000,000,000 on October 13, 13, 200,500,500, 164,90, 50, 50, 50 [Grounds]

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