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(영문) 서울북부지방법원 2019.02.11 2018가단102116
공사대금
Text

1. The defendant shall pay 30,500,000 won to the plaintiff and 15% per annum from January 25, 2018 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On April 11, 2017, the Plaintiff entered into a subcontract (hereinafter “instant contract”) with the Defendant on soil works, household facilities works, CIP works, LW works, measurement works, and appurtenant works (hereinafter “instant construction”) among the new construction works of the Gangnam-gu Seoul Party E-based building that the Defendant performed under a contract with D, and the main contents of the said contract are as follows.

Subcontract for Construction Works

1. Project owner: D;

2. Subcontract project name: A facility construction among F-built construction works.

3. Construction site: Gangnam-gu Seoul E;

4. Period: From April 12, 2017 to May 20, 2017;

5. Contract amount: 170,500,000 won (including value-added tax);

6. Advance payment method of a price: 50% (including value-added tax) of the contract amount: The parties to a monthly contract (the last day of each month, the payment of which is made on the 20th day of the following month) shall conclude this construction subcontract and prepare a contract form under the terms and conditions of the respective construction subcontract and the detailed statement, respectively.

B. Of the contract specifications attached to the instant contract (hereinafter “instant specifications”), the details of the sum sheet of construction costs and the construction cost calculation statement related to the instant contract are as follows.

Direct construction cost table; and

1. Earth work: 25,956,000 won;

2. Construction of household facilities: 19,376,400 won;

3. CIP Corporation: 2,310,000 won;

4. LW works: 8,605,000 won.

5. Materials cost: 44,141,100 won;

6. Appurtenant works: 17,071,500 won; and

7. Survey work: Direct construction cost calculation sheet of the construction cost of 7.1 million won;

2. Installation of earth and sand plates for household facilities: 4,158,000 won in total; and

5. Earth and sand plate: Quantity - 4,521, material cost - 4,973,100 won;

C. The Plaintiff started and completed the instant construction in accordance with the instant contract.

Meanwhile, the Defendant paid the Plaintiff KRW 140,000,000 as construction price, KRW 50,000 on May 17, 2017, KRW 70,000 on June 28, 2017, and KRW 140,000,000 on July 20, 2017.

E. On April 2, 2018, approval for use of the F building was granted.

[Ground of recognition] dispute.

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