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(영문) 수원지방법원성남지원 2015.08.26 2014가단29741
공사대금
Text

1. The Defendant’s KRW 17,370,00 for the Plaintiff and KRW 6% per annum from June 6, 2014 to August 26, 2015.

Reasons

1. Facts of recognition;

A. On July 13, 2012, the Plaintiff was awarded a contract with the Defendant for an internal paint of the Ccafeteria operated by the Defendant to KRW 30,800,00 (including value-added tax) and completed the relevant paint work.

B. On August 3, 2012, the Plaintiff contracted the 10,670,000 won of the said Ccafeteria with the Defendant, and completed the external dynas construction accordingly.

C. On September 25, 2012, the Plaintiff submitted a written estimate to the Defendant that the construction amount is KRW 27,870,000 (value-added tax separate) at the Defendant’s request for the foregoing Ccafeteria, and completed all the paint construction work stated in the written estimate (hereinafter “instant additional construction”).

From July 18, 2012 to February 8, 2013, the Defendant paid the Plaintiff KRW 40,600,000 as the construction cost.

[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1, 3 through 5 (including both virtual numbers), Eul evidence No. 1, the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) Although the Plaintiff submitted a written estimate at the Defendant’s request and completed all of the instant additional construction works based on a written estimate, the Defendant paid the Plaintiff KRW 25,870,000,000, which is not paid to the Plaintiff. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 25,870,00 (i.e., the amount of KRW 27,870,000 on the written estimate - KRW 27,870,000,000) and the delay damages therefor (ii) the additional construction works in the instant case between the Plaintiff and the Defendant are obliged to pay the Plaintiff the Plaintiff a defective construction contract as of July 13, 2012 and each construction work under the construction contract as of August 3, 2012 (hereinafter collectively referred to as “instant construction work”). As such, the Defendant is unable to comply with the Plaintiff’s claim for construction work payment by paying the Plaintiff the Plaintiff.

B. The evidence as seen earlier and the facts of recognition are recognized.

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