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(영문) 수원지방법원평택지원 2017.05.11 2016가단3237
공사대금
Text

1. The defendant shall pay 14,300,000 won to the plaintiff Yang Yong-power Co., Ltd. and shall pay the full amount from April 5, 2016.

Reasons

1. Basic facts

A. On November 10, 2014, Plaintiff T-use Power Co., Ltd. (hereinafter “Plaintiff T-use Power”) subcontracted the construction of electricity, telecommunications, and fire fighting work from the Defendant during the extension of the medical care center affiliated with B Hospital for the period of KRW 187,00,000 (including additional tax) and the construction period of March 25, 2015. On the other hand, upon the Defendant’s request, the said construction was completed. In addition, the Plaintiff T-use Power Co., Ltd. (hereinafter “Plaintiff T-use Power”) performed the work related to the construction of the above medical care center, and performed the work related to the construction of fire fighting (hereinafter “additional work related to Plaintiff T-use Power”).

B. On February 1, 2015, Plaintiff A entered into a subcontract with the Defendant for the construction cost of KRW 10,500,000 (Additional tax) and for the construction period of March 25, 2015, and completed the said construction. On the other hand, Plaintiff A also performed CCTV construction, telecommunications room construction, beds emergency bell installation works, and communications supervision (hereinafter “Plaintiff A-related additional construction”).

[Ground of Recognition] Facts without dispute, Gap evidence 2, 3, 7, Gap evidence 8-1, Gap evidence 13, 14, Gap evidence 15-1 through 3, Gap evidence 16, 18, and the purport of the whole pleadings

2. The parties' assertion

A. While performing construction works under a subcontract from the Defendant, the Plaintiff T-use Power completed additional construction works related to the Plaintiff T-use Power, such as the Plaintiff’s 14,300,000 additional dues, including the Plaintiff’s 14,30,000 additional dues, fire air conditioners, street lamps construction, and fire-fighting completion. As such, the Defendant is obligated to pay additional construction costs to the Plaintiff T-use Power.

B. While the Plaintiff A subcontracted a broadcasting facility project with KRW 10,500,000 (Additional Map separately), he/she completed the Plaintiff A-related additional construction work at KRW 20,587,000, such as CCTV construction, communications room construction, beds emergency bell installation, and telecommunications supervision.

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