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(영문) 수원지방법원성남지원 2015.07.23 2014가합9218
공사대금
Text

1. The Defendant’s KRW 516,700,000 as well as 5% per annum from September 21, 2014 to December 19, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On December 3, 2012, the Plaintiff entered the contract date as December 3, 2013 in the subcontract form for construction works with Gap evidence No. 5, but the construction period under the contract was commenced on March 15, 2013, and the same year.

5. In light of the fact that completion is completed and the purport of the entire pleadings, it appears that it was a clerical error on December 3, 2012.

From the Defendant, the miscellaneous and metal works (hereinafter referred to as “miscellaneous works”) among the new construction works of the Guri-si B were awarded a subcontract for KRW 170,500,000 for the construction cost, and the remainder was agreed to be paid within two months after completion, and the 1st works was completed around May 2013.

B. On December 9, 2013, the Plaintiff accepted a subcontract for the 781,00,000,000 won of the construction cost from the Defendant for the creative and miscellaneous metal works (hereinafter “second-party construction works”) among the construction works of Kuri-si C ( golf course) from the Defendant on December 9, 2013. Of the construction cost, KRW 300,000,000 of the construction cost was agreed to receive each payment before completion, and the remainder was completed on June 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, 8, 9, 17 (including each number), the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 134,80,000 won (= KRW 99,00,000, KRW 35,800,000) out of the costs of the first construction project for which the plaintiff was paid among the costs of the second construction project and the remainder of KRW 516,70,000,000 out of the costs of the second construction project (= KRW 170,500 - KRW 134,80,000) and delay damages therefrom, barring any special circumstances.

3. Determination on the defense, etc.

A. The court shall recognize the existence and content of the expression of intent in accordance with the contents of the document unless there is a counter-proof and shall not dismiss the declaration of intent in accordance with the contents of the document unless there is a reasonable explanation, but is called a disposal document.

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