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(영문) 서울중앙지방법원 2015.10.23 2015가합9818
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 8, 2013, the Plaintiff accepted a subcontract with the Defendant for the part of metal construction among the interior works of the third floor B around the construction period from October 8, 2013 to March 31, 2014 (including value-added tax of 58,000,000) as the construction cost, and the construction cost of 638,00,000 won (including value-added tax of 58,00,000). ② The part of the horizontal pipes and the part of the horizontal and newly installed lamps installed in C during the construction period from December 11, 203 to January 31, 2014; the construction cost of 24,200,000 won (including value-added tax of 2,20,000,000 won and hereinafter referred to as “value-added tax”).

(hereinafter referred to as “each of the instant projects” and “each of the instant subcontracts”

The Defendant paid the Plaintiff KRW 283,745,000 in total between January 13, 2014 and March 17, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 3, 4 (including branch numbers), Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion is as follows: (a) the Plaintiff faithfully performed the construction work up to March 31, 2014, which is the final date of construction period stipulated in each of the instant subcontract; (b) by April 18, 2014 upon the Defendant’s request from the field manager D; and (c) the Plaintiff paid the additional construction work up to April 18, 2014. Accordingly, the amount to be paid by the Defendant is KRW 884,840,00, which is the sum of the respective construction cost and the additional construction cost incurred (i.e., KRW 403,260,000, the additional construction cost of KRW 403,000,000, and KRW 6662,200,000,0000, KRW 200, KRW 2640,000, KRW 2085,200, KRW 2085,2008.

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