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(영문) 수원지방법원평택지원 2015.05.26 2014가단7051
공사대금
Text

1. The Defendant’s KRW 68,200,000 as well as 5% per annum from August 15, 2014 to May 26, 2015 to the Plaintiff.

Reasons

1.The following facts do not conflict between the Parties:

The plaintiff is a person engaged in construction business, such as steel processing, with the trade name of "B," and the defendant is a corporation established for the purpose of housing construction business, etc.

B. On September 23, 2013, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with the Defendant and the KM comprehensive Construction Company, which was ordered as the prime contractor, to handle the mold and reinforced concrete construction parts among the new construction works of the building in the Nam-gu Seoul Metropolitan City, Chungcheongnam-gu, Seoul (hereinafter “instant subcontract”).

C. The Plaintiff completed the construction works under the instant subcontract, and received a total of KRW 212,300,000 from the Defendant on three occasions as the construction price.

2. The plaintiff asserts that the construction cost under the subcontract of this case is KRW 307,224,725, and the defendant asserts that the construction cost is KRW 280,500,000.

In the construction cost column of this case's subcontract (Evidence No. 2 and No. 1) which is a disposal document that does not deny the authenticity of the plaintiff, while the Korean language stated "280,500,000,000, the number is "280,500,000, which is the largest amount of the defendant's construction cost of the subcontract of this case," it is not sufficient to recognize that the construction cost of this case's subcontract of this case is more than 280,500,000, and there is no other evidence to prove otherwise.

Therefore, the Defendant is obligated to pay 68,200,000 won ( = 280,50,500,000 won - 212,300,000 won - 212,300,000 won), and interest for delay thereof, calculated by deducting the construction price of the instant subcontract from the construction price of KRW 280,50,000, barring special circumstances to the Plaintiff.

3. Judgment on the defendant's assertion

A. Determination as to the assertion of 7,700,000 won by subrogation is made.

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