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(영문) 부산지방법원서부지원 2017.12.08 2017가단2869
노임등
Text

1. The Defendant shall pay to the Plaintiff KRW 34,722,200 and the interest rate of KRW 15% per annum from July 20, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff entered into a contract with the Defendant to construct the parts of the mechanical room, mechanical room, and fire-fighting pipeline rupture system (hereinafter “instant contract”) and suspended the construction before completion from October 1, 2016 to April 20, 2017.

B. At the time of the conclusion of the instant contract, the Defendant agreed to supply the necessary main materials at the construction site, and the Plaintiff agreed to place the main materials at the construction site to carry out the construction.

C. The Defendant paid the Plaintiff labor cost of KRW 3,533,200 to the Plaintiff by February 2017. Upon the Plaintiff’s request, the Defendant paid KRW 3,533,200 to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 and 3, purport of the whole pleadings

2. The parties' assertion

A. At the time of entering into the instant contract at the construction site of the Plaintiff’s assertion, the Defendant agreed to pay the Plaintiff the labor cost and the cost of the ancillary material used by the Plaintiff at the construction site of the Plaintiff. On March 3, 2017 and April 2017, the Defendant did not pay KRW 14,9762,200 for the labor cost and the cost of the ancillary material for the portion worked at the construction site of the Plaintiff. Therefore, the Defendant is obligated to pay the Plaintiff the said money.

B. At the time of entering into the instant contract by the Defendant, the Plaintiff agreed to construct the parts of the mechanical room, the mechanical room valve, and the fire-fighting pipe thermal rupture with the total construction cost of KRW 50 million.

The Defendant paid the total labor cost of KRW 40,950,00 among the total construction cost agreed upon, and KRW 44,483,200,00, in total, KRW 3,533,200. At the time when the Plaintiff voluntarily discontinued construction work at the time when the Plaintiff had 75% of the total construction cost, and completed construction work by the Defendant by inserting construction cost equivalent to KRW 12,780,00. In light of the Plaintiff’s honor and the agreed construction cost, the Defendant is not obliged to pay the construction cost to the Plaintiff.

3. Determination

(a) Gap evidence No. 6, Eul.

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