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(영문) 서울서부지방법원 2016.03.17 2014나6125
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Defendant (Counterclaim Plaintiff) that exceeds the amount ordered to pay below.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Facts of recognition;

A. The Defendant, a corporation that carries out interior design and construction supervision services, was contracted with the Corporation E (hereinafter “instant building”) for remodelling construction from the Corporation D.

B. On May 2013, the Defendant subcontracted the instant electrical construction (hereinafter “instant construction”) to the Plaintiff operating electric installation business by setting the construction cost of KRW 48,00,000 (excluding value-added tax) and the construction period from May 15, 2013 to July 21, 2013. The Plaintiff completed the instant construction by the said period.

C. The Plaintiff, among the instant construction projects, was directly awarded a contract for the construction of underground electrical construction of the instant building, the ground-to-ground air exhauster electrical system, and completed the construction.

The Plaintiff received a total of KRW 7,00,000 from the Defendant until September 13, 2013 as the instant construction cost, and directly received KRW 10,00,000 from an incorporated association D. Of the instant construction cost, the Plaintiff agreed between the Plaintiff and the Defendant to deduct the cost of materials provided by the Defendant among the instant construction cost, but the cost of materials provided by the Defendant is KRW 11,93,00.

E. In relation to the settlement of the instant construction cost, the Plaintiff and the Defendant drafted a written undertaking to pay the balance of the construction cost (hereinafter “instant undertaking”) on July 21, 2013, and regarding the method of paying the construction cost, the Plaintiff and the Defendant included the following: “After the settlement of the total construction cost has been completed between D and the Defendant, an incorporated association, the principal contractor of the instant construction project, and between July 22, 2013 and July 26, 2013, the Plaintiff and the Defendant shall settle the instant construction cost and pay the entire unpaid construction cost, which has been settled by July 31, 2013.”

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1 through 4, Gap evidence Nos. 6 through 8, Eul evidence Nos. 1, 2, 4 through 7 (including each number, if any), the testimony of witness F of the trial court, and the whole pleadings.

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