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(영문) 인천지방법원 2018.04.26 2017가단9458
공사대금
Text

1. The Defendant’s KRW 24,920,00 for the Plaintiff and KRW 5% per annum from April 4, 2017 to April 26, 2018.

Reasons

1. As to the cause of claim

A. The Defendant supplied sewage to the Plaintiff during the construction of the Geumcheon-gu Seoul Metropolitan Government New Construction Project, and re-subcontracted to KRW 38,260,000 during the construction of the said construction to the Plaintiff. The Defendant did not prepare a contract and delivered a construction statement (Evidence A7) and agreed to perform the construction identical with the above details (hereinafter “B construction”). 2) On August 31, 2016, the head of the Defendant’s site director C prepared and executed a settlement statement as follows with respect to B construction to the Plaintiff on August 31, 2016.

1. Contract amount: 38,260,000 won;

2. Amount paid: 29,000,000 won (excluding value-added tax);

3. Unpaid amount: It shall be confirmed after the final settlement of the deducted amount, such as the meals of KRW 9,260,00,000, and the fork trucks.

The last settlement shall be made after the completion of the remaining construction works.

3) The Defendant supplied sewage to the Plaintiff during the construction of a new commercial building located in Yangcheon-gu Seoul Metropolitan Government D Co., Ltd. (hereinafter “Tyang Construction”), and re-subcontracted to the Plaintiff with labor work cost of KRW 42,900,000, which was related to the construction and dismantling of a mar house during the said construction (hereinafter “D Construction”). On August 31, 2016, the head of the Defendant’s site director C prepared a settlement statement concerning D Construction as follows in relation to D Construction:

1. Contract amount: 177 square meters ¡¿ 220,000 won (including value-added tax);

2. Amount paid: 22,00,000 won (including value-added tax);

3. Unpaid amount: 20,900,000 won (including value-added tax), expenses for meals, equipment, additional payments (in direct payments for solar construction), and expenses for possession, shall be confirmed at the time of preparation of the final settlement of accounts.

D Payment of amounts payable (46,000,000) on the spot;

(9/2 Estimated Payment) / [Grounded Payment] / Each entry in Gap evidence 1, 2, and 7, and the purport of the whole pleadings

B. In the absence of special circumstances, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 30,160,000 ( KRW 20,900,000) under each of the above settlement agreements and damages for delay.

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