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(영문) 수원지방법원안산지원 2014.06.26 2013가단25743
공사대금
Text

1. The Defendant’s KRW 39,701,184 as well as 6% per annum from July 25, 2013 to June 26, 2014 to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 5, 6-1 to 3, 7-1, 8-1, 3, 9-1, and Eul evidence No. 1, 8-1, 9-1, and the whole purport of the pleadings.

The plaintiff is a person engaged in civil engineering work in the name of "B", and the defendant is a corporation whose purpose is construction business, reinforced concrete construction business, etc.

On October 18, 2013, the defendant was changed from the Geumsan Construction Industry Co., Ltd.

(1) On January 18, 2012, the Defendant was awarded a subcontract for D new construction works among D new construction works in Nam-gu Incheon Metropolitan City, Nam-gu, for the cost of construction KRW 390,500,000 (including value-added tax).

Shebly, around July 19, 2012, the Defendant agreed to settle the cost of transport of sand and additional construction cost of Pos file file stay in accordance with the design modification between the Grand case and the Grand case at KRW 23,00,000.

On December 12, 2012, the defendant entered into a contract for construction works (including value-added tax) of the incidental civil works (in case of soil works, drainage works, and packing works) between the YYY and the defendant according to the design change.

C. Around January 2012, the Plaintiff entered into a subcontract for construction works with the Defendant, setting forth the construction cost of KRW 330,000,000 (including value-added tax) and the construction period from January 31, 2012 to May 30, 2012 as the subcontract for construction works among the construction works described in subparagraph (b) above.

(hereinafter “instant contract”). D.

From April 16, 2012 to June 14, 2012, the Plaintiff received construction cost of KRW 113,000,000 from the Defendant in accordance with the instant contract.

E. (1) On June 15, 2012, the Plaintiff drafted a written consent to the direct payment of KRW 14,432,00 (including value-added tax) to E in relation to household facilities construction among D new construction works. On the same day, the Plaintiff agreed to F and G respectively to pay KRW 14,762,00 (including value-added tax).

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