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(영문) 창원지방법원 진주지원 2018.03.21 2017가단5644
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 34,00,000 and the interest rate of KRW 5% per annum from July 21, 2016 to the day of full payment.

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or can be acknowledged in full view of the whole purport of the arguments in the statements as Gap evidence 1, Gap evidence 2-1, and Eul evidence 2.

The Plaintiff is a corporation that runs the business of construction of steel reinforced concrete, etc., and the Defendant is a corporation that runs the construction business.

B. On April 18, 2016, the Plaintiff (contractor) and the Defendant (contractor) concluded a subcontract with the amount of KRW 229,000,000 with respect to the construction of a new building E (hereinafter “instant construction”): (a) as “the commencement of construction: the completion of construction on April 20, 2016: July 20, 2016”; and (b) as “the subcontract amount of KRW 229,00,000,” respectively.

C. On November 3, 2016, the completion of the instant construction was completed.

2. According to the facts of the determination as to the cause of the claim, the Defendant, the contractor, pursuant to the subcontract of the instant construction project, is obligated to pay damages for delay at the rate of 5% per annum as determined by the Civil Act, as sought by the Plaintiff, from July 21, 2016 to the date of completion of the subcontract of the instant construction project, to the Defendant, the contractor, who completed the instant construction project, as the remainder of the construction cost, and from July 21, 2016.

3. Judgment on the defendant's assertion

A. The Defendant shall settle the amount of KRW 41,100,000 paid to the Plaintiff and KRW 49,100,000,000, which is the difference between the Plaintiff’s F director (the site director of the instant construction) and the Plaintiff. Ultimately, the Defendant should pay KRW 8,00,000, which is the difference between the amount paid to the Plaintiff and the Plaintiff.

(1) G 27,00,000 won H 6,000,000 won 13,000,000 won for the instant construction period. (2) Labor cost 850,000 won for the equipment-based Plaintiff’s equipment-based Plaintiff’s royalty of KRW 2,750,000 for the equipment-based Plaintiff’s equipment-based Plaintiff’s KRW 41,10,000 for the remainder of 34,00,000 for the additional construction cost of KRW 15,10,000 for the equipment-based construction cost of KRW 15,10,000 for the remainder of 15,100,000 for the additional construction cost of KRW 34,000 for the Plaintiff’s human resources used during the instant construction period, and the case number of the Plaintiff’s claim for reimbursement from the court is suspended.

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