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(영문) 의정부지방법원 2016.11.02 2016가단3102
공사대금
Text

1. Defendant B’s KRW 42,294,640 as well as 6% per annum from December 25, 2015 to November 2, 2016, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On October 7, 2015, the Plaintiff was requested by Defendant B, an operator of “D”, for the removal of the E-ground Factory Building (hereinafter “instant construction”) from Defendant C Incorporated Co., Ltd. (hereinafter “Defendant Company”) and started around that time.

B. Meanwhile, on October 2015, Defendant B agreed with the Plaintiff to the effect that “The sum of the amount spent as construction cost after the completion of the instant construction work and the amount of 10,000,000 won will be paid” between Defendant B and the Plaintiff.

(hereinafter referred to as the “instant arrangement”) C.

After that, the Plaintiff completed the instant construction work on October 21, 2015, and thereafter, the Plaintiff demanded that Defendant B pay KRW 44,294,640, totaling KRW 34,294,640 as the construction cost of the instant case, and that the amount of profit plus KRW 10,00,000,000, which was not received.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 10, Eul evidence 1, 2 and 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the sum of the Plaintiff’s construction cost and profit 10,000,000,000 won required for the instant construction as stipulated in the instant agreement.

I would like to say.

However, the Plaintiff asserted that the construction cost of this case was a total of KRW 34,294,640,640, including the total of KRW 11,110,00 for personnel expenses, KRW 19,350 for equipment, KRW 1,235,00 for food, KRW 448,00 for gas expenses, and KRW 1,384,890 for expendable goods, and KRW 76,750 for other expenses, and KRW 34,294,640 for other expenses. Defendant B recognized that only the remainder of KRW 32,294,640 for labor expenses, excluding approximately KRW 2,00 for labor expenses, exceeds KRW 1,10,000 for each item of evidence of KRW 1,36,9,100 for food expenses, KRW 10,000 for food expenses, KRW 110,000 for food expenses, KRW 2,00 for food expenses.

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