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(영문) 서울남부지방법원 2020.09.23 2020가단1541
공사대금
Text

1. The Defendant’s KRW 85,204,00 as well as 6% per annum from June 14, 2019 to September 23, 2020 to the Plaintiff.

Reasons

On July 27, 2018, the Plaintiff was awarded a contract for the Rabing construction work from the Defendant at the construction site of Jung-gu Seoul Metropolitan Government on the construction site of Jung-gu, Seoul, and was not paid KRW 61,204,00 among the construction cost of KRW 124,454,00,000, and the Defendant was awarded a contract for the Rabing construction work at the construction site of Seocheon-si around May 2019 and was not paid KRW 44,00,000, and the Defendant paid the 10,000,000 each of the construction cost of each of the above construction cost by the Defendant on September 11, 2019, there is no dispute between the parties.

The Plaintiff sought payment of KRW 85,204,00 for the construction cost that was not paid by the Plaintiff, and the Defendant asserted that the construction site C among the above payment was paid KRW 30 million upon an excessive claim, but the Defendant agreed to terminate the payment of KRW 10 million at the above D D construction site around July 2019, and thus, the Defendant is liable only for KRW 34 million for the unpaid construction cost at D construction site.

Therefore, as the defendant's defense, as to whether an agreement to reduce the unpaid construction cost of KRW 61,204,00,000 in the above C construction site was reached on July 2019, the only evidence related thereto is the witness E's testimony. The purport of this agreement is that the construction cost of KRW 12,00,000 has been additionally extended for two months due to the design change or civil petition at the above C construction site. Accordingly, the plaintiff filed a claim with the original contractor for a tax invoice of KRW 61,204,00 issued on September 30, 2018, which was reduced by 50%, but it was also reduced by 50%. Thus, the plaintiff also agreed to the oral statement that the plaintiff was paid KRW 30,000,000,000 among them, but it was just the fact that the above actual payment was not made, and thus, the agreement between the plaintiff and the defendant was not made.

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