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(영문) 의정부지방법원 2016.07.14 2015가합4914
공사대금
Text

1. The defendant shall be the plaintiff.

A. Of KRW 233,443,400 and its 116,934,700 among them, full payment shall be made from November 17, 2015.

Reasons

1. Presumed factual basis

A. The Defendant contracted with the construction of landscaping facilities in B district (hereinafter “instant landscaping construction”) and subcontracted the instant landscaping construction to D who operates the construction business under the trade name of C.

D The Plaintiff re-subcontracted the instant landscaping construction, and the Defendant agreed to pay the construction cost of KRW 245,934,700 (including value-added tax) for the instant landscaping construction to the Plaintiff in person.

B. On January 2015, the Plaintiff completed the instant landscaping work.

C. On May 11, 2015, the Plaintiff entered into a contract with the Defendant and E Apartment with respect to the construction of landscaping facilities (hereinafter “instant apartment landscaping construction”) within the construction period from May 11, 2015 to August 24, 2015, and the construction cost of KRW 233,343,00 (including value-added tax) within 60 days from the date the Defendant acquired an object (hereinafter “instant contract”).

On August 2015, the Plaintiff completed the instant apartment landscaping project by installing two points walls, which are part of the instant apartment landscaping project, on the direction of F, as the head of the field office of the instant apartment landscaping project and the Defendant’s employees, instead of installing two points walls, which are part of the instant apartment landscaping project, on the outer walls of the school near the construction site.

On August 2015, the Plaintiff handed over the part of the completion of the instant apartment landscaping project to the Defendant.

E. The Defendant paid to the Plaintiff KRW 129,00,000 out of the construction cost of the instant landscaping construction, and paid KRW 84,700,000 out of the construction cost of the instant apartment landscaping construction.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion is that the defendant shall pay to the plaintiff the total amount of 256,77,700 won and damages for delay as follows.

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