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(영문) 수원지방법원 2019.07.10 2018가합20319
공사대금
Text

1. The Defendant’s KRW 509,300,000 as well as its annual 6% from September 12, 2018 to July 10, 2019 to the Plaintiff.

Reasons

1. The Defendant is a contractor awarded a contract for C factory extension work with C from C, and the Plaintiff is a subcontractor awarded a subcontract for electrical construction work among C factory extension work in D from the Defendant (hereinafter “instant construction”).

The Plaintiff completed the instant construction work.

On June 21, 2017, the Plaintiff received a subcontract from the Defendant for the instant construction project at KRW 858,00,000 (including value-added tax).

(hereinafter referred to as “instant subcontract”). [Ground of recognition] A without dispute, entry of evidence No. 3, and purport of the entire pleadings

2. The plaintiff's assertion

A. The Plaintiff completed the instant construction, and the Defendant paid only KRW 814,000,000 among the construction cost of KRW 858,000,000, and did not pay the remainder of KRW 44,000.

Therefore, the defendant is obliged to pay the remaining construction cost of KRW 44,00,000 to the plaintiff.

B. As the Plaintiff did not include in the instant subcontract according to the Defendant’s instruction, the Defendant is obligated to pay the Plaintiff KRW 466,400,000,000, added value added tax, for the additional construction cost of KRW 424,000,000.

3. Determination

A. The construction cost stipulated in the instant subcontract was KRW 858,00,000, and the fact that the Plaintiff completed the instant construction work is recognized as above.

The plaintiff asserts that the defendant paid only KRW 814,00,000 among the construction cost, while the defendant claimed that he paid KRW 815,100,000.

According to Gap evidence No. 5, the defendant paid 815,100,000 won to the plaintiff. Thus, the defendant's argument is justified.

Therefore, the Defendant is obligated to pay the Plaintiff the remainder of KRW 42,900,000 (=858,000,000 - KRW 815,100,000) out of the construction cost stipulated in the instant subcontract agreement.

B. In full view of the respective descriptions and arguments stated in Gap evidence Nos. 6 through 8 and 21 through 23, the defendant shall pay the additional construction cost to the plaintiff upon request by Eul.

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