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(영문) 서울남부지방법원 2016.09.23 2015가단43350
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 13,352,90 and the interest rate of KRW 15% per annum from October 1, 2015 to the day of complete payment.

Reasons

1. The Plaintiff is a company specializing in the painting business, and the Defendant is an individual entrepreneur engaged in the architectural business and related business in the trade name B.

The Defendant was awarded a subcontract for the miscellaneous steel sector among the C development projects by two S&T Co., Ltd., and subcontracted the Plaintiff on February 13, 2015, with the total quantity of 5,500 meters and 18,000 won per 1m (=5,500m x 18,900m value-added tax of 18,000 won).

The volume of painting work between the plaintiff and the defendant was about 5,500 meters, and the development project was suspended at least 3,063.70 meters in total due to the reasons such as drilling work.

Accordingly, the Defendant settled that two kinds of C&T D and “(10% of the contract price was reduced due to non-construction)” (i.e., the initial contract price for the Defendant and two kinds of C&T was KRW 89,000 per meter, and the total construction quantity was calculated at 3,063 meters, the amount of progress payment that the Defendant received from two kinds of C&T was KRW 245,346,30 [=272,607,00 + KRW 89,000 + KRW 3,063m)-27,260,70]. [The purport of the entire pleadings is as follows: (a) facts without any dispute over recognition; (b) evidence No. 1,2,3,4,66; (c) evidence No. 1, and evidence No. 1; and (d) the purport of the entire pleadings.

2. Judgment on the plaintiff's assertion

A. The Plaintiff’s assertion 1) from the time when the Defendant’s steel construction is completed to the end of July 2015, the Plaintiff completed the color construction work with approximately KRW 3,000 in the middle of July 2015. Therefore, the Plaintiff’s progress payment for the painting construction work executed by the Plaintiff is KRW 5,94 million [=5,400,00 won [=3,000 x 18,00 won] value-added tax of KRW 5,40,000,000, and if the Defendant deducts labor cost of KRW 24,08,920 paid by the Defendant from the progress payment, the remainder of the construction work to be paid by the Defendant to the Plaintiff remains KRW 35,31,08

Therefore, the defendant shall pay to the plaintiff 35,311,080 won with 15% interest per annum from the day after the delivery date of a copy of the complaint of this case to the day of complete payment.

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