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(영문) 부산지방법원 2016.12.13 2015가단18004
공사대금
Text

1. The Defendant’s KRW 14,606,671 as well as the Plaintiff’s annual rate from February 2, 2016 to December 13, 2016.

Reasons

1. Basic facts

A. On June 2013, the Plaintiff entered into a contract with the Defendant and Busan Jung-gu District District Corporation for the construction of household facilities (hereinafter “instant household facilities construction”) during the period of construction from June 20, 2013 to June 30, 2014, which entered into a contract with the Defendant and the Plaintiff for the construction of household facilities (hereinafter “instant household facilities construction”). Based on the design drawings, the Plaintiff calculated the volume and determined the construction cost as KRW 2.5 million (excluding value-added tax).

B. On August 20, 2013, the Plaintiff received KRW 82,236,000 from the Defendant for the first time payment.

C. Around January 4, 2014, the Plaintiff renounced the instant provisional facilities construction. Around January 6, 2014, the Plaintiff filed a claim with the Defendant for KRW 61,90,000,000,000 for the total of KRW 3,264,000 for the second progress payment and KRW 2,845,00 for the non-design construction cost (= KRW 2,550,000,000 for the cost of purchasing KRW 1,350,00 for the cost of acquiring KRW 2,550,00 for the cost of repairing KRW 2,00,00,00 for the acquisition period of KRW 1,90,00 for the cost of repairing KRW 1,30,00 for the acquisition period of KRW 2,50,00,00 for KRW 3.

In consultation with the Plaintiff on the settlement of construction cost, the Defendant paid KRW 3,629,140 to D (C’s wife) on January 7, 2014, and paid KRW 20 million to the Plaintiff on January 8, 2014.

E. On January 25, 2014, the Plaintiff prepared and delivered to the Defendant the instant settlement statement “the total flag and input cost” (hereinafter “the instant settlement statement”). In addition to the cumulative progress payment, the unpaid amount of equipment was stated as KRW 19 million, and the statement of settlement attached to the said settlement statement was written “the statement of settlement” as a part of the construction other than the design, only KRW 2.5 million, and KRW 19 million, the equipment rent was written.

F. On January 27, 2014, the Plaintiff issued a tax invoice of KRW 27.1 million to the Defendant (i.e., the cost of KRW 15 million for household installation works). On January 28, 2014, the Defendant paid KRW 27.1 million to the Plaintiff on January 28, 2014.

G. Even after the Plaintiff’s suspension of construction, the Plaintiff’s equipment continued to be used at the instant home facility construction site.

H. The defendant.

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