logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원여주지원 2019.03.27 2018가합212
공사대금
Text

1. The Defendant’s KRW 177,106,00 for the Plaintiff and KRW 5% per annum from August 1, 2015 to March 27, 2019.

Reasons

Facts of recognition

The plaintiff is a corporation with the purpose of mechanical installation business, housing construction business, etc. in Gyeonggi-si C, and the defendant is a corporation with the purpose of construction business, etc. in Leecheon-si D.

On November 11, 2014, the Defendant contracted to the Plaintiff 3,630,00,000 for pipes construction (PC, NPW; hereinafter “instant piping construction”) within the E-company E-based factory. The instant pipeline construction contract was set at KRW 4,382,038 for non-total construction cost.

However, it was anticipated that a considerable amount exceeding KRW 4,382,038, which was the amount anticipated at the time of the initial contract, will be incurred in the performance of the pipeline construction necessary for the start of the instant pipeline construction (hereinafter “large-scale non-construction”).

Defendant employees, such as F, etc., the head of the pipeline construction site, ordered the Plaintiff to perform large-scale vision construction. Accordingly, the Defendant completed large-scale vision construction work equivalent to KRW 181,48,087.

On July 31, 2015, the Plaintiff agreed to complete the instant pipeline construction and settle the completion amount of the instant pipeline construction in KRW 3,278,700,000 with the Defendant. Thereafter, the Plaintiff received full payment of KRW 3,278,70,000 from the Defendant.

In January 2016, the Defendant contracted M14 production equipment pipe HOK-UP Corporation (hereinafter “instant construction”) to the Plaintiff from E company from E company’s factory.

In December 2016, the Plaintiff completed the instant construction work, and submitted to the Defendant the completion system in which the sum of the construction cost was indicated as KRW 1,829,60,000, and received the said KRW 1,829,60,000 from the Defendant.

[Reasons for Recognition] A’s 1-6 evidence, Eul’s 1-9 evidence (including paper numbers), witness F’s testimony, and the purport of the entire pleadings. The Plaintiff’s large-scale non-intermediate construction cost portion asserted by the parties to the instant pipelines around December 2014.

arrow