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(영문) 서울동부지방법원 2016.06.01 2014가단117558
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 18, 2012, the Defendant agreed to pay to the Plaintiff the remainder of the construction cost within 60 days after the completion of the construction work, with the construction cost of KRW 30,250,00 (including value-added tax), the construction period from October 20, 2012 to November 30, 2012, and the delay penalty rate of KRW 1/1,000.

B. The Plaintiff completed the subcontracted project of this case on January 31, 2013. At that time, the Plaintiff and the Defendant agreed to change the subcontract price of this case to KRW 49,500,000 (including value-added tax).

C. On November 15, 2012, the Defendant paid to the Plaintiff KRW 20,00,000 in total, including KRW 5,000,000,000 on the instant subcontract construction cost, and KRW 5,00,000 on November 16, 2012, and KRW 10,000 on December 21, 2012.

[Ground of recognition] The fact that there is no dispute, Gap's 2, 7 evidence, Eul's 2, and the purport of the whole pleading

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 29,50,000 (=49,500,000-20,000) out of the subcontract price of this case and delay damages therefrom, barring any special circumstances.

3. Judgment on the defendant's assertion

A. On this ground, the Defendant asserts that the Plaintiff fully repaid the obligation to pay the subcontract price of this case.

If the purport of the entire pleadings is added to the statements in evidence Nos. 3, 8, and 2, and 3, the Defendant agreed to pay the remainder of the work price to the Plaintiff within 60 days after the completion of construction work, on or around January 11, 2013, among the construction works for commercial building located in Seongbuk-gu, Sung-gu, Sung-gu, Sung-gu, Sung-dong, 219-1 (hereinafter referred to as the “Seo-dong subcontractor”) among the construction works for commercial building located in 219-1, Sung-gu, Sung-gu, Sung-nam, Seoul, for the construction cost of the construction cost of the 99,464,865 won (including value-added tax), from January 11, 2013 to March 15, 2013; and the Plaintiff and the Defendant agreed to pay the remainder within 60 days from March 15, 2013.

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