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(영문) 서울중앙지방법원 2016.10.13 2015가단135017
공사대금
Text

1. The Defendant: KRW 86,965,98 for the Plaintiff and 5% per annum from July 10, 2015 to October 13, 2016; and

Reasons

1. Basic facts

A. On January 2, 2014, the Plaintiff (Promotion Construction) and the Defendant concluded an execution participant agreement with a unit price of KRW 3,00,000,000 (excluding value-added tax) in relation to the Gyeonggi-do B Corporation. The Plaintiff completed a total of 155 meters by July 21, 2014 pursuant to the said construction agreement, and the Plaintiff and the Defendant confirmed that a total of KRW 297,00,000 for the portion of the construction 90 meters (= KRW 3,00,000,000 for value-added tax 27,00,000,000 for the portion of the construction 90 meters when settling the interim accounts for the said B Corporation on July 21, 2014.

B. Since then, the Defendant paid only KRW 127,534,002 among the construction cost of KRW 214,50,000 for the remainder of 65 meters (=3,000,000,000 value-added tax of KRW 19,50,000) to the Plaintiff and did not pay the remaining construction cost of KRW 86,965,998.

(2) The Defendant’s claim for deduction from the construction cost of the above B-site is that the equipment rental fee reduction of KRW 25,00,000 for C is not derived from the above B-site, and it is not deducted from the above construction cost. Rather, it is the amount to be deducted from the settlement of the cost incurred at the D-site as follows.

On March 7, 2014, the Plaintiff and the Defendant entered into an execution participant agreement with the D Corporation on setting the unit price of the earth section 1,600,000,000 won for the rock section, and the unit price of the rock section 3,00,000,000 won/m. However, the aforementioned D Corporation was discontinued without commencement due to the defects in equipment leased from C and the technical problems of the Plaintiff’s operation of equipment. The Defendant shared KRW 49,76,100, including the reduction of the equipment rental fee for C among the costs incurred at the said D Corporation’s site.

[Grounds for recognition] There is no dispute, each entry in Gap's Evidence 1 through 3, 5 through 11, Eul's Evidence 1 through 35 (including paper numbers), witness E's testimony and the purport of the whole testimony and pleading, and according to the above facts of recognition, the defendant shall deliver to the plaintiff the remaining construction cost of the B Corporation and the following day after the delivery of the complaint in this case.

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