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Reasons
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(영문) 광주지방법원 2017.06.21 2016가단521681
공사대금
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1. The Defendant’s KRW 73,800,000 as well as 5% per annum from December 26, 2015 to September 5, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 2015, the Defendant was awarded a contract for the construction price of “Gu-U.S. A neighborhood living facilities construction work” from the Gu-U.S. Master Crafts Co., Ltd. as KRW 3,665,200,000, and the construction period as of April 30, 2015 to December 31, 2015.

B. On May 14, 2015, the Plaintiff received a subcontract from the Defendant for the construction cost of KRW 319,00,000 (including value-added tax) for the said subcontracted construction work, from May 15, 2015 to November 30, 2015; the construction cost of KRW 20,000,000 for advance payment; and the progress payment of KRW 100,000 after completion of the first floor of the building.

C. On July 2005, the Plaintiff completed the subcontracted construction of this case. D.

On December 7, 2015, the Defendant’s on-site agent B settled the total construction cost of the instant subcontracted project at KRW 338,853,840,00, including the additional construction cost of KRW 27,853,840, and agreed to the settlement of accounts for construction that deducts the paid construction cost of KRW 135,00,000, and the unpaid construction cost shall be KRW 203,80,000, and the unpaid construction cost shall be paid until December 25, 2015.

E. On December 30, 2012, the Defendant paid to the Plaintiff KRW 20,00,000,000, the amount of KRW 50,000,000 on January 22, 2016, and KRW 130,00,000 on February 22, 2016.

[Ground of recognition] Facts without partial dispute, Gap evidence Nos. 1 through 11 (including each number) (the defendant asserts to the effect that Gap evidence No. 3 was forged, but according to the testimony Eul's testimony, Eul's testimony is acknowledged that Eul comprehensively delegated the progress of the construction from the defendant company and affixed an employee identification card delivered by the defendant company, and completed Gap evidence No. 3), witness Eul's testimony and the purport of whole pleadings

2. According to the above facts of recognition, the Defendant paid 73,800,000 of the subcontract price of this case to the Plaintiff (i.e., the fixed construction price of 203,800,000 won - the payment amount of 130,000,000 won).

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