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(영문) 창원지방법원 2018.08.23 2017가합407
공사대금 등
Text

1. The Defendant’s KRW 16,373,272 as well as the Plaintiff’s annual rate of KRW 6% from September 28, 2017 to August 23, 2018.

Reasons

1. Facts of recognition;

A. The Defendant concluded a B-production and construction contract with a pair of construction companies (hereinafter “b-use construction”) on two occasions as follows.

1) On June 1, 2016, C Management Agency B production and installation contract 2) June 20, 2016, and E Management Agency B production and installation contract 2

B. Around August 2016, the Plaintiff produced the foregoing C Management Office and E Management Office B (the combination of the above two B B (hereinafter “instant B”) and performed the construction work.

C. In reflecting the construction of pairs and design changes, the Defendant settled the costs of production and installation of each of the instant B in KRW 33,414,628 (i.e., KRW 125,053,190 for production and installation costs of KRW 208,361,438), and paid KRW 150,869,364 for each of the instant B production and installation costs to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 1, 2, 3, 10, 13 evidence, Eul 1, 2 and 3 (including additional numbers), the purport of the whole pleadings

2. Determination as to the claim for the unpaid construction cost

A. The Plaintiff’s assertion 1A) around June 2016, the Plaintiff concluded a bilateral construction contract with the Defendant and the Defendant holding a steel structure license and each of the instant B production and construction contracts with the Defendant, and if the Plaintiff manufactured and supplied B to the Defendant, the Defendant shall establish it at the site, and the Defendant shall pay the Plaintiff the full amount of the cost of the production and construction works that the Defendant received from the double construction, and the Plaintiff agreed to settle the accounts between the

B) Unlike the agreement under Paragraph 1, the Defendant did not directly install each of the instant B supplied by the Plaintiff, and the Plaintiff did not directly install the instant B as well as the production of B.

C) However, the Defendant did not pay to the Plaintiff KRW 32,746,54 (=33,414,628, - 149,79,798,720, - 150,869,364, out of the payment that the Plaintiff received from a pair of construction. Thus, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 32,746,544, 2).

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