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(영문) 대구지방법원 2019.04.10 2018가단108541
공사대금
Text

1. The defendant

(a) KRW 9,880,150 as well as 6% per annum from February 1, 2017 to February 12, 2019; and

Reasons

1. Facts of recognition;

A. On August 2015, the Defendant was awarded a contract with C for landscaping projects.

B. On October 2016, the Plaintiff entered into the instant construction project under a subcontract with the Defendant for the said landscaping construction work, which is called “flosting” and “flosting” (hereinafter “instant construction work”) and completed the instant construction work.

[Ground of recognition] Facts without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Plaintiff completed the instant construction, and agreed with the Defendant to pay the remaining construction cost of KRW 9,880,150,00, which has not been paid, as the Plaintiff agreed with the Defendant to pay the construction cost of KRW 78,14,00. The Defendant’s assertion 2) merely ordered the head of the site office E to lower the amount of construction cost, and did not affix the seal on the construction contract that the Plaintiff proposed

Since the actual height of the stone fences constructed by the construction of the instant construction among the instant construction works has been reduced, and the actual area of the construction has been reduced, the construction cost is KRW 72,263,851 (i.e., KRW 70,803,051 1,460,800). Since the Defendant brought about KRW 4 million, the construction cost to be paid by the Defendant is KRW 68,263,851 (i.e., KRW 72,263,851 -4,00,000).

B. Determination 1) If Gap evidence Nos. 3 through 11 and Eul evidence Nos. 3 added the purport of the entire pleadings, ① the defendant’s on-site director E in charge of D landscaping project requested the plaintiff to make an estimate of the instant construction project on October 8, 2016, ② the plaintiff sent the construction contract, special terms and conditions, and specifications to E-mail on November 16, 2016, and affixed the Plaintiff’s representative director’s seal on the said construction contract, and ③ according to the instant construction contract, the construction cost includes value added tax, but includes material cost, labor cost, and supplementary material cost, from November 7, 2016 to December 31, 2016, and the unit price is changed.

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