(영문) 수원지방법원 2015.01.23 2014가합5336

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(영문) 수원지방법원 2015.01.23 2014가합5336

공사대금

Text

1. The Defendant shall pay 135,277,500 won to the Plaintiff and 20% per annum from March 4, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On March 27, 2013, the Defendant (formerly: Cheongdong Construction Co., Ltd.) was merged into the Plaintiff on or around April 8, 2014 of the Materna Co., Ltd.

Maternia Co., Ltd. also refers to a “Plaintiff”.

Of the civil works on B real estate B located in Chungcheongnam-si, and the construction cost of 65,142,00 won is set as KRW 65,142,00 with respect to the reinforced soil retaining wall works in the same location, and the construction cost of 82,120,500 won is set as KRW 82,120,50 with respect to the reinforced soil retaining wall works in the civil works on C real estate located in the same location, among the works on D real estate 400 square meters in the same location, each subcontract (hereinafter collectively referred to as “instant subcontract”).

B. In concluding the instant subcontract with the Defendant, the Plaintiff agreed to settle the construction cost according to the actual construction volume after the Plaintiff completed the said construction work.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 3 is the site for Gap evidence No. 3, and the authenticity of the petition is disputed. However, according to witness E's testimony, etc., the authenticity of the petition is recognized.

(A) Each entry and the purport of the whole pleadings, including branch numbers; hereinafter the same shall apply)

2. In light of the overall purport of the pleadings in the written evidence Nos. 3 and 5 as to the cause of the claim, the Plaintiff completed the construction of a retaining wall on the aggregate of the B real estate No. 564m2, C real estate No. 711m2, and D real estate No. 400m2 as prescribed by the instant subcontract around May 16, 2013 (the aggregate of the actual construction volume is 1,860m2) as to the aggregate of the 1,675m2 of the said D real estate, as prescribed by the instant subcontract. The Plaintiff may recognize the completion of construction of partial removal of the retaining wall and construction of the reinforced retaining wall reconstruction (65m2) other than the construction stipulated in the instant subcontract at around that time.

The above facts of recognition are as follows: Gap evidence 1, 3, 5, Eul evidence 9, part of the witness E.

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