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(영문) 수원지방법원여주지원 2019.06.18 2018가단3306
공사대금
Text

1. The Defendant shall pay KRW 62,657,00 to the Plaintiff the annual rate of KRW 15% from May 1, 2018 to the date of complete payment.

Reasons

Facts of recognition

On April 2017, the Plaintiff entered into a contract with the Defendant for the construction of steel reinforced concrete works (hereinafter “instant construction”) among the new construction works of the ground neighborhood living facilities C in Seosan-si, Seosan-si, and completed the instant construction works around July 2017.

The Defendant directly paid to the Plaintiff the instant construction cost, KRW 15 million on June 14, 2017, KRW 60 million on July 4, 2017, KRW 31 million on August 4, 2017, and KRW 120 million on August 4, 2017.

On November 7, 2017, the Defendant paid KRW 34.1 million to D Co., Ltd., a subcontractor (hereinafter “D”) on behalf of the Plaintiff.

[Based on the basis of recognition] The facts without dispute, Eul evidence Nos. 1-1, Eul evidence Nos. 4 and 5 (including the number of branch numbers; hereinafter the same shall apply), the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff and the defendant, at the time of the construction contract of this case, set the construction cost as KRW 436.8 million at the time of the construction contract of this case (i.e., size 416 on the design drawing x KRW 10.5 million on the design drawing x value added tax separately), and the plaintiff completed the construction work of this case around July 2017.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 9,918,00 (including value-added tax) for the unpaid construction cost of KRW 480,488,00 (including value-added tax) - KRW 31,100,000 for the paid construction cost of KRW 34,100,000 for the direct payment of D - KRW 46,20,000 for the direct payment of construction cost of KRW 34.1 million for D)

The Plaintiff and the Defendant set the construction cost as KRW 416 million at the time of the instant construction contract (=392 square meters x KRW 1050,000 per square year).

However, since the Plaintiff and the Defendant agreed again to reduce the above construction cost of KRW 380 million, the instant construction cost of KRW 381.6 million (i.e., KRW 416 million - KRW 30 million - value-added tax, separate from value-added tax).

In addition, with respect to the instant construction project, the Defendant is installed on behalf of the Plaintiff: (a) KRW 51.6 million in total; (b) KRW 1,123,00 in total; (c) KRW 700,00 in total for power generation rent; and (d) vision installation.

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