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(영문) 인천지방법원 부천지원 2018.05.29 2016가단104595
공사대금
Text

1. The Defendant’s KRW 24,323,695 for the Plaintiff and KRW 6% per annum from September 2, 2016 to May 29, 2018.

Reasons

1. Basic facts

A. On April 5, 2013, the Plaintiff was awarded a subcontract with the Defendant for Aluminium 25,8160,000 construction cost (a separate sheet; hereinafter the same shall apply) among the exhibition hall extension works.

(hereinafter “instant C Corporation”)

B. On April 9, 2013, the Plaintiff received a subcontract from the Defendant for metal, windows, and glass works among new construction works D, with the amount of KRW 30.7 million in the construction cost.

(hereinafter “instant D Corporation”). C.

On April 9, 2013, the Plaintiff was awarded a subcontract for the amount of KRW 49.5 million in the cost of metal, windows, and glass works among the E-works from the Defendant.

(hereinafter “instant E”) D.

The Plaintiff, while performing each of the above construction works, was interrupted due to conflicts with the Defendant around August 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 13 and 19, the purport of the whole pleadings

2. The Plaintiff’s assertion amount of each of the instant construction contracts is about personnel expenses, and material expenses were agreed to be borne by the Defendant. Personnel expenses equivalent to the completed portion at the time of the Plaintiff’s discontinuance of each of the instant construction works are KRW 93,629,04, and KRW 27,660,000,000,000 for the instant construction works and KRW 44,000,000 for the instant construction works.

In addition, in the case of the instant construction project, the construction cost incurred in the additional construction implemented in addition to the specifications under each construction contract of this case is KRW 1,280,000,000 for the material cost of this case and KRW 1,50,000 for the material cost of this case, KRW 3,428,460 for the materials cost of this case and KRW 4,483,990 for the materials cost of this case, KRW 7,912,450 for the materials cost of this case, and KRW 1,40,000 for the materials cost of this case and KRW 50,000 for the personnel cost of this case.

Therefore, the Defendant is obligated to pay the Plaintiff the construction cost stated in the purport of the claim, which deducts the Defendant’s payment of KRW 20 million to the Plaintiff as advance payment, from the aggregate of the above construction cost (including additional tax) to KRW 206,075,59.

3. Determination

A. (1) According to the appraiser F’s appraisal result as to personnel expenses based on each of the instant construction contracts, the appraiser is each of the instant contracts.

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