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(영문) 수원지방법원 2016.09.29 2015가단52011
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 27,264,850 and the interest rate of KRW 15% per annum from November 3, 2015 to the date of complete payment.

Reasons

1. Determination as to the cause of claim

(a) The following facts are recognized in full view of the statements in Gap evidence 1 to 4 (including each number in the case of additional numbers) and the witness C's testimony, as a whole, in view of the purport of the entire pleadings:

(1) The Defendant engaged in construction business with the trade name D was awarded a subcontract for the new construction work of the Hancheon-gun Hongcheon-gun F, which was ordered by the Sungsan Integrated Construction Corporation.

H around September 15, 2014, among the aforementioned new construction works, concluded a subcontract with the Defendant for the construction cost of KRW 390 million from September 15, 2014 to April 30, 2015, for the steel reinforced concrete, mold, and raining construction works, and for the construction cost of KRW 97,10,00,00 for the construction period from September 22, 2014 to October 10, 2014. The Plaintiff was awarded a subcontract with the Plaintiff for the construction work, such as steel reinforced processing, assembly, concrete tyption, and raining construction works (hereinafter referred to as “instant construction work”). From September 20, 2014 to December 30, 2014, the Plaintiff was awarded a subcontract by setting the construction cost of KRW 97,100,00 for the construction period and the construction period of KRW 97,100,000 for the construction work period

② Around October 2014, the Defendant made it clear that the Plaintiff would directly pay the construction cost with respect to the instant construction work. Accordingly, the Defendant directly paid the construction cost to the Plaintiff when the Plaintiff submitted construction cost specifications, etc. to I who was the head of the Defendant’s site while carrying out the construction work.

③ As the construction cost of the instant construction, the Defendant directly paid KRW 51,242,150 in total eight times from October 27, 2014 to December 26, 2014 to the Plaintiff’s account. On April 26, 2015, the Defendant directly paid KRW 2,686,00 to the Plaintiff. Moreover, in relation to the instant construction project, the Defendant directly paid the Plaintiff wage, equipment cost, etc. to the Plaintiff, or paid the Plaintiff’s consciousness to the Plaintiff. As such, the amount that the Defendant paid to the Plaintiff, etc. in relation to the instant construction is KRW 75,475,150 in total.

④ Meanwhile, in relation to the instant construction project, the Plaintiff had installed additional fences, etc., and the construction cost is KRW 5,640,000 in total.

The plaintiff.

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