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(영문) 서울중앙지방법원 2014.12.18 2013가단5097062
공사대금
Text

1. The Defendant’s KRW 5,00,000 as well as its annual 6% from January 11, 2013 to December 18, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On September 1, 2010, the Plaintiff was awarded a subcontract by the Defendant for construction work with the term of 93,000,000 construction cost (excluding value-added tax) and November 30, 2010, for the construction work related to the construction of the promotionme set by the Defendant’s company (hereinafter “promotion company”).

(hereinafter “instant subcontract”). (b)

However, because the section between the windows and walls of the part where the plaintiff should install roll traws, it was not possible to install roll traws in the above subcontract.

C. Although the above interference section was generated in the part constructed by the promotion company, the promotion company installed a roll straw so that the Plaintiff may install the roll straw so that the Plaintiff could install the roll traw traw, but the Plaintiff was finally unable to install the roll traw traw tling net due to the above interference section.

The Plaintiff, which was not installed, transferred the above roll chain to the promotion company, and the promotion company established the roll chain of the above part.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence 1, 2, Eul evidence 1, witness A and Eul's testimony, the purport of whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion (1) The unpaid construction cost has not been paid KRW 5 million, out of KRW 93 million for the instant construction work.

② Additional construction cost for the interference section: (a) the Plaintiff had a lot of expenses while doing construction work for the roll of straws in the interference section; and (b) accordingly, there was an agreement between the Plaintiff and the Defendant to pay an additional amount of KRW 7 million in addition to the construction cost set forth in the instant subcontract agreement; (c) the Defendant paid an additional amount of KRW

(3) Related to the shelter for households and the roller network for commercial buildings: The plaintiff shall maintain the shelter for households and commercial buildings according to the agreement between the plaintiff and the defendant on the additional construction works.

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