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(영문) 인천지방법원부천지원 2019.12.04 2019가단15207
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 22,00,000, and KRW 6% per annum from April 5, 2019 to December 4, 2019, and shall pay to the Plaintiff full from the next day.

Reasons

1. On December 15, 2016, the fact that the Plaintiff entered into a contract for construction works (hereinafter “instant construction contract”) with the Defendant that the steel structure and board, and the Changwon Corporation (hereinafter “instant construction works”) among the new construction works of an automobile maintenance plant for the ground-based C in Ansan-si (hereinafter “instant construction works”) receive a contract for construction cost of KRW 205,00,000 (excluding value-added tax) (hereinafter “instant construction works”) may be acknowledged by taking into account the overall purport of the pleadings as a whole in each of the statements in Gap evidence 1-1 and 2.

2. With respect to the Plaintiff’s claim for payment of KRW 220,00,00,00, which was already paid from the construction cost equivalent to KRW 279,391,409 (the amount including part of value-added tax) as a total of the construction cost of the instant construction project while performing the instant construction project, the Defendant asserted that the Plaintiff did not perform the additional construction project, and that the Plaintiff should rather receive damages in lieu of defect repair due to defects such as multiple non-construction and erroneous construction works in the instant construction project.

3. Determination

A. Comprehensively taking account of the purport of the entire pleadings as to evidence Nos. 1, 2, and 8-3 of the evidence Nos. 2-3, the Plaintiff agreed to complete the above additional construction work with the Defendant around February 2, 2017, and the Plaintiff’s completion of the above additional construction work including the instant construction work. According to the above facts of recognition, the Defendant is obliged to pay the Plaintiff KRW 242,00,000 (= KRW 15,000,000), KRW 220,000,000,000,000, which was already paid from value-added tax including value-added tax, and KRW 222,00,00,000,000 as the remainder of the annual payment following the date of completion of the lawsuit and KRW 22,00,000,000 after the date of completion of the lawsuit from April 2, 2019 to the date of completion of the lawsuit.

(b).

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