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(영문) 대구지방법원서부지원 2016.04.08 2016가합50260
공사대금
Text

1. The Defendant’s KRW 243,936,00 for the Plaintiff and KRW 5% per annum from December 16, 2014 to February 18, 2016.

Reasons

1. Indication of claim;

A. On June 30, 2014, the Plaintiff received a subcontract with the Defendant, from the owner of a building, for the subcontracted construction cost of KRW 609,840,00 (including value-added tax), and for the construction period of the aggregate construction among the multi-household construction works on the land other than Kimcheon-si, Kimcheon-si, and four parcels of land that the Defendant performed under a contract with the owner, the Plaintiff was awarded a subcontract with the period from June 30, 2014 to October 25, 2014, and completed the aggregate construction pursuant to the subcontract. The Defendant completed the remainder of the new construction works, and obtained approval for use on May 11, 2015.

B. Meanwhile, the Defendant paid 365,904,000 won out of the construction price to the Plaintiff by directly paying the subcontract price at the Plaintiff’s request.

C. Therefore, the Defendant is obligated to pay the Plaintiff the remainder of the construction project (=609,840,000 won - 365,904,000 won) and the delay damages therefrom.

2. Applicable provisions of Acts: Article 208 (3) 1 of the Civil Procedure Act (Judgment without holding any pleadings due to the submission of a written reply);

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