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(영문) 서울동부지방법원 2020.08.21 2019가단12085
공사대금
Text

The defendant shall pay to the plaintiff KRW 120,716,00 per annum from March 16, 2019 to July 16, 2019 and the next day.

Reasons

1. Basic facts

A. On October 2017, the Plaintiff received a subcontract from the Defendant during the period from October 30, 2017 to October 30, 2018, for the construction cost of D Multi-Family Housing Construction Works (hereinafter “instant Construction Works”) of D Multi-Family Housing 63 Construction Works, which is conducted on Jeju-si Land, etc. (hereinafter “instant Construction Works”), with the period from October 30, 2017 to October 30, 2018.

(However, the defendant was awarded a contract for the construction work under the name of corporation E, and entered into a subcontract under the name of corporation E even between the plaintiff and the plaintiff.

When the Plaintiff’s mechanical facility construction work was delayed due to the Defendant’s financial standing, the Defendant agreed to change the construction period as indicated below with the Plaintiff.

The deadline for the amendment of the sequence 1 to October 31, 2018 shall be October 30, 2017, October 30, 2017; and

On November 12, 2018, after the agreement to change the first construction period, the Plaintiff sent to the Defendant a certificate of contents requesting a change in the construction amount, as the construction amount increases to KRW 49,716,00 due to the extension of the construction period in the instant case. On January 3, 2019, following the agreement to change the second construction period, the Plaintiff issued a certificate of contents requesting a change in the construction amount.

On February 28, 2019, the Plaintiff completed the instant construction work.

E. The Defendant paid only KRW 825 million out of the initially agreed construction amount of KRW 873 million and unpaid KRW 48 million.

F. From November 2018 to February 2019, the Plaintiff additionally disbursed KRW 91,515,187 (=70,69,070 + 3,795,120 + 5,290,727 + 1,308,80 + 1,308,800 + 10,421,470) of the following costs by requiring F, G, and daily workers, who are commercial workers, to stay at each of the construction sites of this case:

1 F’s salary of KRW 19,153,440, G’s salary of KRW 17,257,350, and salary of KRW 17,263,280 for H;

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