(영문) 수원지방법원안양지원 2015.06.03 2014가단109912

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(영문) 수원지방법원안양지원 2015.06.03 2014가단109912

공사대금

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1. The Defendant’s KRW 33,136,40 and the Plaintiff’s annual rate of KRW 5% from August 23, 2014 to June 3, 2015.

Reasons

1. Basic facts

A. On September 6, 2012, the Plaintiff and the Defendant entered into a contract on October 15, 2012 with the construction amount of KRW 163,00,000 (excluding value-added tax; hereinafter the same shall apply) and the delivery date on October 15, 2012. The Defendant paid the Plaintiff the down payment of KRW 48,90,000,000 on September 10, 2012.

B. When construction cannot be performed by October 15, 2012, which is the date of payment due to on-site circumstances, the Plaintiff and the Defendant agreed to the Plaintiff as the Plaintiff’s share in the amount calculated by deducting the amount of personnel expenses (C) incurred by the Defendant from the contract amount of KRW 163,00,000 from the contract amount of KRW 163,00,00,00, from the contract amount of KRW 163,00,000.

(hereinafter “instant modified contract”). C.

From November 2012 to April 2013, 2013, the Defendant paid KRW 28,080,99 in total to E, 850,00 in total, and KRW 15,225,00 in painting costs, respectively, at V, width, and clean costs.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2 (including provisional number; hereinafter the same shall apply), Eul evidence 1 to 3, and 11, the purport of the whole pleadings

2. Determination:

A. The judgment on the cause of the claim is as follows: (a) the Defendant calculated the Plaintiff’s contract amounting to KRW 163,00,000 for the contract amount of KRW 48,90,000 for the contract amount of KRW 38,000 for C; (b) the contract amount of KRW 28,00,000 for the contract amount of the Plaintiff; (c) the amount of 28,080,99 for the show and painting paid by the Defendant; and (d) the amount of KRW 15,225,00 for the transport cost from Incheon D to B on-site; (e) the sum of the transport cost of KRW 1,820,00 for the transport cost of KRW 220,000 for KRW 260,000 for the contract amount of the modified contract amount of KRW 260,000 for the contract amount of KRW 320,000 for the contract amount of KRW 38,000 for the contract amounting to KRW 3136,301.4.1.6

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