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(영문) 청주지방법원 2013.07.18 2012가단20932
공사대금
Text

1. The Defendant’s KRW 18,110,00 for the Plaintiff and 5% per annum from December 15, 2010 to July 18, 2013.

Reasons

1. The following facts may be found either in dispute between the parties or in the entries in Gap evidence 1 and 2, taking into account the whole purport of the pleadings:

Around July 2010, the Defendant entered into a contract on construction works with respect to construction works for the construction period from July 2010 to September 2010 with respect to construction works for the 4, 5, 6, 7, and 8 second floor molds, steel reinforced processing and assembling, concrete building / 12 floors, and non-establishment and dismantling of the 12th floor molds (hereinafter “instant building works”) among new construction works located in Yangcheon-gu Seoul Metropolitan Government (hereinafter “instant building works”), which shall be paid on the 15th day of the following month after the last day of each month.

B. In addition, the Defendant entered into a contract for construction work with the construction cost of KRW 43,210,000 in relation to the said nine construction works other than the instant framework construction works at the same time (hereinafter “instant framework construction”).

C. The Defendant demanded that the Plaintiff supply the Plaintiff with the above 1st floor construction without completing the construction work, and paid all the personnel expenses. The Plaintiff supplied the Plaintiff with the seal upon the Defendant’s above demand, thereby causing KRW 6,000,000.

By November 2010, the Plaintiff completed each framework of this case. The Defendant paid the Plaintiff KRW 97,880,000 in total over several occasions until February 1, 201, among the construction cost, to the Plaintiff on several occasions. As to each framework of this case, the Plaintiff paid KRW 7,850,000 in total to the Plaintiff in subrogation in relation to each framework of this case.

2. According to the facts of the determination as to the Plaintiff’s cause of claim, the Defendant completed each of the instant structural construction works on December 15, 2010, which is the payment period for the payment of the remainder of the construction cost or labor cost of KRW 117,840,00 (i.e., labor cost of KRW 6,000,000 for construction cost of KRW 97,880,000 for the payment of construction cost - Payment by subrogation of KRW 7,850,000 for the said payment period) and each of the instant structural construction works on December 15, 2010.

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