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(영문) 수원지방법원 2019.04.18 2018가합15621
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 221,850,000 and the interest rate of KRW 15% per annum from May 12, 2018 to the date of full payment.

Reasons

1. The parties' assertion

A. The Plaintiff completed a total of four construction subcontracted by the Defendant, and separately supplied the Defendant with H lectures to be used in “C” upon the Defendant’s request.

However, since the defendant paid only part of the construction price and the material price, the defendant is obligated to pay the plaintiff the unpaid construction price of KRW 207,50,000 and the unpaid construction price of KRW 14,350,000 and the unpaid materials price of KRW 221,850,000 and the delay damages therefor.

B. Defendant 1 did not have received H-type lectures from the Plaintiff. 2) The Defendant paid to the Plaintiff an additional amount of KRW 30 million on July 6, 2017, and KRW 20 million on August 25, 2017, respectively, the said amount should be excluded.

2. Determination

A. Determination as to the cause of the claim 1) comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 3 and 5 (including branch numbers), the plaintiff entered into a subcontract agreement with the defendant as of January 15, 2018, but changed into the trade name as of January 15, 2018. From December 5, 2016, the steel frame construction work as of December 340, 200, KRW 110,00,000 for the construction cost of the E-Newly constructed construction work (excluding additional dues), KRW 10,00,00 for the construction cost of the steel structure (excluding additional dues), KRW 00 for the construction cost of the Y construction work among the 00,00,00 for the E-built construction work (excluding additional dues), KRW 50,00 for the construction cost of the steel structure construction work among the 00,000 for the 00,000,000 for each of the above construction work cost of the G.

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