(영문) 서울남부지방법원 2015.12.22 2014가합113365

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(영문) 서울남부지방법원 2015.12.22 2014가합113365

공사대금

Text

1. The defendant,

A. From December 20, 2014 to September 30, 2015, Plaintiff (Appointed Party)’s KRW 36,800,000 and its related thereto.

Reasons

1. Facts of recognition;

A. The Defendant was awarded a contract for the construction of the Geumcheon-gu Seoul Metropolitan Government Ground Building Construction Work (hereinafter “instant construction work”).

B. The Plaintiff (Appointed) accepted a subcontract for the portion of electrical construction among the instant construction works in the amount of KRW 135,850,000, and completed the construction up to the third floor of July 3, 2014.

C. On March 24, 2014, the Selection A (hereinafter “Appointed”) accepted a subcontract from the Defendant for 439,000,000 won of the construction cost of the pelvis construction among the instant construction works, and completed the construction up to the third floor area.

After that, the Defendant, the contractor of the instant construction, suspended the instant construction work, demanded the contractor B to settle the work price, and filed a lawsuit against B on December 10, 2014 against the Seoul Southern District Court for the claim for the payment of the work price.

(2014Gahap14093). In the above lawsuit, the defendant filed a claim for the payment of the fixed construction cost including the 36,800,000 won for electrical construction executed by the plaintiff (appointed party) and the 187,715,973 won for the fixed construction cost executed by the Appointer.

[Reasons for Recognition] Evidence No. 1-1, 2, Evidence No. 6, Evidence No. 11 and 12, and the purport of the whole pleadings

2. According to the facts of the above recognition, the plaintiff (appointed party) and the appointed party were to perform electrical construction and pelvis construction works under the subcontract with the defendant, and subsequent construction costs of the plaintiff (appointed party) were to be KRW 36,80,000,00, and the appointed party's flag payment was to be KRW 187,715,973, and the defendant paid KRW 36,800,000, and the appointed party's flag payment was to the plaintiff (appointed party) according to the subcontract between the plaintiff (appointed party) and the appointed party A, as requested by the plaintiff (appointed party) and the appointed party, 187,715,973, and each of them was to be paid by 20% per annum from the next day after the day of service of a copy of the complaint of this case until September 30, 2015, and 15% per annum from the next day after the day of completion of each contract.

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