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(영문) 서울동부지방법원 2019.07.09 2018가단9808
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 90,80,000 and the interest rate of KRW 15% per annum from May 26, 2018 to the day of complete payment.

Reasons

1. The facts subsequent to the facts of recognition are not disputed between the parties, or may be acknowledged by adding up the whole purport of the pleadings to the respective inquiry replys to Gap evidence Nos. 1, 2, 4, 5, and 8 (including paper numbers) and Young-dong Gun.

The plaintiff is a company that mainly engages in civil engineering design and supervision, and bowlinging and hosting works, and the defendant is a company that mainly engages in the installation of sculptures.

B. On December 15, 2017, the Defendant entered into a subcontract with the Plaintiff on December 15, 2017 with respect to “construction of basic files and soil removal facilities” among the construction works of Young-dong-gun C, Young-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-J-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-J-

(hereinafter referred to as “instant subcontract”). (c)

On January 30, 2018, the Plaintiff completed the installation work of soil shield facilities and the basic file work.

On April 19, 2018, the Plaintiff prepared a written agreement on the direct payment of the subcontract price (including additional tax) to F Co., Ltd. (hereinafter referred to as “F”) for the construction cost of KRW 79,200,000 (including additional tax) and delivered it to the Defendant. The Defendant paid F each amount of KRW 50,000,000 on May 2, 2018 and KRW 21,50,000 on June 4, 2017.

E. Around April 12, 2018, the Plaintiff sent a notice demanding the Defendant to pay the remainder of the construction cost, and the Defendant responded to the need for the settlement and modification of the construction cost.

2. The assertion and judgment

A. The plaintiff's assertion (1) The plaintiff's subcontract of this case was changed to the effect that the construction cost shall be reduced to KRW 170,000,000, except for the structural construction work upon the defendant's request. Since the plaintiff completed the construction work under the above modified contract, the defendant completed the construction work, the remaining construction cost shall be 90,80,000,000.

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