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(영문) 서울남부지방법원 2017.05.18 2015가단48614
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 127,00,000 and the interest rate of KRW 15% per annum from August 8, 2015 to the date of complete payment.

Reasons

1. The following facts may be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2-1 to 5, and 3-7:

On September 12, 2013, the Plaintiff was awarded a subcontract with the Defendant for the contract amount of 390,000,000 won (the supply price of KRW 354,545,00, value-added tax of KRW 35,45,000, value-added tax of KRW 35,45,00), and the construction period from September 12, 2013 to December 5, 2012, with respect to the parts of machinery, equipment, mutual assistance, machinery fire-fighting, and gas construction (hereinafter “instant construction”) among the renovation and repair works located in the 500 Gi-dong, Eunpyeong-gu, Eunpyeong-gu, Seoul.

B. By July 11, 2014, the Defendant paid KRW 199,000,000 (including value-added tax) out of the construction price of the instant case and did not pay the remainder of the construction price.

The Plaintiff suspended the instant construction work for a period of up to two months, and agreed to pay the construction cost directly by the end of the instant construction work from the plenary session, and continued the construction work on October 27, 2014 after receiving a direct payment agreement from the Defendant.

C. On December 6, 2014, the Plaintiff completed the foregoing construction works, including the removal of retaining walls, tent removal, and repair works, spawoo and cremation, spawoo and cremation, grh-boo, the installation of an existing toilet for the first floor, the installation of an installation of a 1st floor facility for the elderly and children, and the part of the installation of an underground drainage in the machine room, and the part of the installation of a pipeline for replacing the pumps of the power generator, etc.

2. The plaintiff and the defendant's assertion

A. The Plaintiff, as the cause of the instant claim, changed part of the construction work in the instant case, became the total construction cost of KRW 386,00,000,000, and received KRW 199,000 from the Defendant from the above money, and paid KRW 60,00,000 to the Defendant. As the Plaintiff’s remainder of the construction cost is 131,00,000,000, the changed construction cost claimed by the Defendant is 386.

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