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(영문) 인천지방법원부천지원 2019.12.04 2018가단120362
공사대금
Text

1. The Defendant’s KRW 64,990,090 and its amount shall be 5% per annum from May 3, 2018 to December 4, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant awarded a contract to Nonparty D Company for reinforced concrete construction work among the construction work of the land officetels and urban-type residential housing in Nam-gu Incheon, Nam-gu, Incheon, and D Company completed the said construction work with the Defendant while performing the construction work of the 1st floor and the 1st floor and the 2nd floor.

B. Accordingly, on October 13, 2017, the Plaintiff and the Defendant provide an explanation as to the terms and conditions of the above reinforced concrete construction contract executed by the D Company, in light of the terms and conditions of the above reinforced concrete construction contract (a wooden steel bars) executed by the D Company.

(hereinafter “instant construction project”) entered into a contract for construction works with the following terms and conditions:

5. Contract amount: on an average basis; and

1. The rate of liquidated damages: (a) the settlement terms, unit price; (b) the number of / 200,000 won; and (c) the number of liquidated damages: (a) the rate of liquidated damages shall be agreed upon after the completion of construction works;

The scope of work: The condition that the plaintiff is responsible for the dissolution, organization, and remuneration for the problem;

B. Around November 30, 2017, the Plaintiff completed the instant construction. The volume the Plaintiff performed is approximately KRW 502.5387 square meters (i.e., KRW 1661.285 square meters/305 square meters/305785 square meters, and a small number of four decimal places).

C. Meanwhile, the Defendant paid the Plaintiff KRW 130,00,000 in total, including the construction cost, KRW 55,000,000 on November 10, 2017, KRW 40,000 on December 11, 2017, KRW 15,000 on April 30, 2018, and KRW 20,000 on May 2, 2018.

[Ground for Recognition: Facts without dispute, Gap evidence, appraiser F's appraisal result, the whole purport of the pleading]

2. The gist of the Plaintiff’s assertion is the cause of the instant claim, and the Plaintiff agreed to pay the construction cost in accordance with the construction volume. Since the Plaintiff completed construction work in 502 May 387, 502, the Defendant asserts that the Plaintiff is obligated to pay the Plaintiff the remainder of KRW 130,00,000,000 paid the construction cost of KRW 195,990,090,000 paid for the instant construction cost, as well as the labor cost of KRW 12,00,000,000 and KRW 79,969,770,000,000 paid to the Plaintiff.

3. Determination

(a) claim of the construction cost of KRW 65,90,090;

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