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(영문) 서울남부지방법원 2016.08.10 2015가단46748
공사대금
Text

1. The Defendant’s KRW 52,294,00 and the Plaintiff’s annual rate of KRW 6% from January 23, 2015 to September 17, 2015.

Reasons

1. Facts of recognition;

A. On March 24, 2014, the Defendant received a contract from the Seoul Regional Headquarters of the Korea Airports (hereinafter “instant Corporation”) with the payment of the construction cost of KRW 850,974,930 (amended by KRW 933,071,82 on November 17, 2014) and the date of completion as of December 18, 2014.

B. Around 2014, the Plaintiff entered into the instant subcontract agreement (hereinafter referred to as the “instant subcontract agreement”) with C, which set the construction cost of KRW 60,000,000 (excluding value-added tax; hereinafter the same shall apply) on the electrical construction for fire-fighting improvement among the fire-fighting works of the instant construction works (hereinafter “instant subcontracted construction”).

C. After that, the Plaintiff received KRW 22,00,000,000 from the Defendant as the first payment for the completed portion on June 25, 2014 during the said construction period, and KRW 11,00,000,000 respectively as the second payment for the completed portion on September 3, 2014.

On December 28, 2014, the Plaintiff completed the instant subcontract with a partial increase in the construction cost for a design modification, and issued a tax invoice of KRW 52,294,000, including the additional construction cost, to the Defendant on December 28, 2014 (after this, the said tax invoice was cancelled upon the Defendant’s request for day change, and re-issued as of January 22, 2015), and the Defendant denied the conclusion of a subcontract between the Plaintiff and the Plaintiff and refused to pay the construction cost.

【Ground of recognition】 The fact that there is no dispute, Gap 1, 2, Gap 6, Eul 11, the purport of the whole pleadings, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that he was an employee of the Defendant, entered into the instant subcontract with C, which was represented by the Defendant, and, at the time of the initial contract, the design specialist was unable to operate the fire-fighting system, and the design specialist re-designed and completed the construction work in consultation with C to increase the construction cost after adding the system. As such, the Defendant received some progress payment from the Defendant, the remainder payment of the subcontracted construction work is KRW 52,294,00.

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