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(영문) 광주지방법원 순천지원 2018.01.31 2016가합722
공사대금 등
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 73,482,475 as well as its annual interest from September 28, 2016 to January 31, 2018.

Reasons

1. Basic facts

A. The Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded the instant construction contract from D Co., Ltd. and E Co., Ltd. (hereinafter collectively referred to as “original contractor”) to supply sewage to the Plaintiff during the construction of sewerage maintenance management area in opticalyangyang-si, and among them, re-subcontracted the construction of wire file processing (hereinafter “instant construction”) to the Plaintiff.

B. The agreement on the instant construction cost and the agreement on the second and second lectures 1) the Plaintiff and the Defendant B agreed on September 9, 2015 as KRW 624,770,00 (excluding value-added tax) for the construction cost of the instant construction (hereinafter “the first agreement on the construction cost”) and among them, “u-type file file (general lecture) usage fee (two months)” in the attached Table of the Gangwon Fee. The Plaintiff’s lease and use of approximately 13.906 tons at a unit price of approximately 13.90,000 (metric) for 240,000 (metric) for 12 months, and the said Defendant agreed on the payment of KRW 31,897,440 (=906 tons x 240,00) for the total amount of steel materials, and if the steel materials are added, the amount of the usage fee shall be adjusted according to the actual volume (hereinafter “the second agreement”).

(2) On October 5, 2015, the Plaintiff and Defendant B again agreed on the construction cost of the instant construction at KRW 833,920,00 (value-added tax separate) (hereinafter “the second agreement on construction cost”). Among them, the Plaintiff agreed on the rent of KRW 540 for two months from the material company at a unit price of KRW 75,00 (ton) and the said Defendant paid KRW 45,000,000 (=450 tons x 75,000) to the said company, on condition that the Plaintiff’s royalty of KRW 540 (ton) was leased and used by the material company for two months. However, if the steel is additionally charged, it would be adjusted according to the actual quantity (hereinafter “the second agreement on the rent of Gangwon”).

The Plaintiff’s waiver of the Plaintiff’s H-PILE earth (hereinafter “soil”) was originally planned to construct four earth walls at the end point of the instant construction project. However, the Plaintiff performed only three construction works on August 9, 2016.

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