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(영문) 인천지방법원 2019.11.13 2018가단241358
공사대금
Text

1. The Defendant’s KRW 25,727,350 as well as 5% per annum from August 29, 2018 to November 13, 2019, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is running the business of manufacturing steel structures with the trade name of “C”, and D actually operates the said business upon delegation by the Plaintiff, and the Defendant is a company running the construction business, etc.

B. Around June 9, 2017, D was awarded a contract with the Defendant for steel framed (hereinafter “instant construction”) among the Newly constructed construction works (hereinafter “instant construction”) on behalf of the Plaintiff (hereinafter “D”) on behalf of the Plaintiff.

The Plaintiff continued the instant construction work from September 11, 2017 to January 29, 2018.

C. D, on September 30, 2017, written a written estimate of the construction cost of KRW 217,100,000, and a written statement of the cause of construction cost of KRW 243,952,00 on January 29, 2018, and delivered it to the Defendant via e-mail, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6 (including branch numbers; hereinafter the same shall apply), witness F, D, the purport of the whole pleadings

2. Determination on the construction cost of the instant case

A. (1) On June 9, 2017, Plaintiff D received the instant construction contract from the Defendant, and the Defendant prepared and delivered a written estimate of the construction cost of KRW 217,10,000,000 on September 30, 2017, and the construction cost of KRW 243,952,00 on January 29, 2018. Based on this, Plaintiff D and the Defendant agreed on the final settlement of the construction cost of KRW 22,00,000 (excluding value-added tax) around January 30, 2018.

(2) The Defendant contracted the instant construction to the Plaintiff at KRW 170,170,000, including value added tax.

B. Determination D and the Defendant, around January 30, 2018, finally agreed on the instant construction cost of KRW 220 million, written estimates of construction cost of KRW 217,100,000 on September 30, 2017, and written statements of construction cost of KRW 243,952,000 on January 29, 2018, and delivered them through e-mail, etc. to the Defendant. However, this is also viewed as adding up evidence Nos. 5, 6, 8 through 11, and 13, and witness F’s testimony.

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