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(영문) 대전지방법원 2017.12.14 2016가단23349
공사대금
Text

1. The Defendant’s KRW 39,290,350 as well as the Plaintiff’s annual rate of KRW 6% from January 26, 2016 to May 15, 2017.

Reasons

Basic Facts

A. The plaintiff is a company that aims at the manufacturing and construction business of a window, and the defendant is a company that aims at the housing construction business.

B. On October 1, 2015, the Defendant concluded a construction contract (hereinafter referred to as the “instant construction contract”) with the content of subcontracting the construction cost of KRW 101,00,000 (excluding value-added tax) among the new construction works for stores and houses A (hereinafter “instant building”) in Yeongdeungpo-gu, Chungcheongnam-gu, Chungcheongnam-do (hereinafter “instant building”) and the construction period of the instant construction work, setting the period from October 1, 2015 to December 31, 2015 as the subcontract price (hereinafter “instant construction contract”).

C. On the end of the construction specifications attached to the instant construction contract, the term “in principle, the quantity changes out of the written estimates shall be settled after completion.”

(2) In addition, the site descriptions attached to the instant construction contract include the following:

1. To make an estimate, with full knowledge of the conditions and drawings of the site; and

2. Presumption on site conditions, in the case of construction works and site descriptions specified in the drawing.

3. 1) The quality of the windows and miscellaneous steel works (see drawings and estimates) specified in the drawing(s)(1) shall be 3) the quality of the material, including all the cosing works necessary for the completion of various windows and steel miscellaneous works (including all the cosing works necessary for the termination of miscellaneous steel miscellaneouss) 4) the inclusion of 3 pages of all windows in the 3) the plan(s) 5 pages of the 19-3 column 1999 and the approval of the owner of the order shall be required.

D. Meanwhile, between October 2, 2015 and May 30, 2016, the Defendant paid KRW 111,100,000 to the Plaintiff as construction price.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 9, and 17 (including numbers, if any), and the plaintiff's assertion of the purport of the whole pleadings as to the purport of the whole pleadings. The plaintiff's assertion 1) completed the instant construction work on December 31, 2015, and the construction cost of the instant construction work is settled in accordance with the settlement clause of the instant case (value-added tax).

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