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(영문) 대구지방법원 2018.11.29 2016가단110311
물품대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 43,697,601 to the Plaintiff (Counterclaim Defendant) and its related amount from April 25, 2018 to November 29, 2018.

Reasons

1. Facts of recognition;

A. From October 2014 to March 31, 2015, the Defendant received a subcontract from C Co., Ltd (hereinafter referred to as “C”) for the portion of non-processed works and the portion of the outer panel production works (hereinafter referred to as “instant subcontracted works”) among D construction works, with the construction amount of KRW 1,675,00,000 (excluding value-added tax; hereinafter the same shall apply) as the construction period, and each set of construction period from September 17, 2014 to March 31, 2015, respectively.

(A) The construction contract entered into between the Defendant and C (hereinafter “the first construction contract”). According to the construction specifications prepared at the time of entering into the first construction contract, the said construction amount was calculated by adding KRW 33,282,760 to the total cost of various insurance premiums and industrial safety management expenses, retirement mutual-aid installments, payment guarantee fees, etc., in the name of KRW 1,641,717,240.

B. On October 2014, the Plaintiff re-subcontracted the construction cost of the instant subcontracted project with the Defendant for the period of construction from September 17, 2014 to March 31, 2015, respectively, by setting the remainder (hereinafter “the instant construction project”) excluding the costs of materials, labor costs, and the sum of the costs of materials, labor costs, and expenses, equivalent to KRW 771,866,840 on the construction specifications of the instant subcontracted project; and the remainder (hereinafter “the instant construction project”) 583,00,000, and the construction period from September 17, 2014 to March 31, 2015.

(hereinafter) At the time of concluding the second construction contract, the Plaintiff and the Defendant agreed to settle the construction amount by applying 95% of the construction amount to be settled under the first construction contract in cases where the content of the instant construction project is added or modified in the future, including field management, and the resident at the ordering place is subject to stay at the construction site (hereinafter “instant field management special agreement”).

According to the construction specifications prepared at the time of conclusion of the construction contract, the above construction amount shall be the sum of the material cost, labor cost, and expenses for the total construction works.

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