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(영문) 서울동부지방법원 2019.01.10 2017가단100025
공사대금
Text

1. Defendant B’s KRW 21,009,000 as well as 5% per annum from November 24, 2014 to January 13, 2017 to the Plaintiff.

Reasons

1. Claim against the defendant B

A. The following facts do not conflict between the Plaintiff and the Defendant, or may be found in full view of the entries in Gap evidence Nos. 1 through 4, 10 through 13, 16, and 17 (including additional numbers), the appraiser D’s appraisal results, part of the Defendant’s personal examination results, and the entire purport of the pleadings against the Defendant B.

1) On October 2014, the Plaintiff received 30,000,000 won (value added tax) from Defendant B to the first floor of the building underground in Gwangjin-gu Seoul Special Metropolitan City for the opening of “F” (hereinafter referred to as the “Defendant B’s construction”).

(2) From November 3, 2014, the Plaintiff commenced the instant construction from around November 3, 2014, and Defendant B’s additional outline during the construction.

The construction was completed on November 23, 2014, reflecting the old port of the Gu.

3) Defendant B paid to the Plaintiff KRW 19,50,000 as the price of Defendant B’s construction, KRW 5,00,00 on November 3, 2014, KRW 5,000 on August 8, 2014, KRW 13,00,000 on November 1, 201 of the same year, and KRW 13,00,000 on December 3, 191 of the same year, and paid KRW 19,50,000 on behalf of the Plaintiff to the Plaintiff. (4) On November 23, 2014, the Plaintiff paid KRW 19,50,000 on a total, to the Plaintiff, KRW 37,190,00 on the price of the instant Defendant B’s construction, and the Plaintiff additionally paid KRW 40,00 on December 5, 2016.

5) According to the appraiser D’s appraisal result, the appropriate construction cost of Defendant B’s instant construction project performed by the Plaintiff is KRW 45,859,00 (excluding value-added tax) with a direct construction cost of KRW 45,859,00, and indirect construction cost, including general management cost and profit, is KRW 50,44,90 (excluding value-added tax).

However, the above.

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