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(영문) 창원지방법원통영지원 2020.04.23 2017가단26774
공사대금
Text

1. The Defendant’s KRW 13,940,645 to the Plaintiff and KRW 5% per annum from December 20, 2017 to April 23, 2020.

Reasons

Basic Facts

The plaintiff is engaged in the building business related to the prefabricated-type building, etc. with the trade name of C, and the defendant operates three pent-type D and E above ground (each location is the same as the following drawings; hereinafter the same shall apply).

【The instant construction contract (hereinafter “instant construction contract”) was concluded between the Plaintiff and the Plaintiff on the construction contract on the Fdong roof (hereinafter “instant construction contract”), around January 2013, 2014, between the Plaintiff and the Plaintiff on the construction contract on the electric films changeer office for the FG unit heating among the instant pension from around December 2015, 2014 to around October 3, 2014 (hereinafter “the instant construction contract”), and the construction contract for the construction of H unit among the instant pension (hereinafter “the instant 2 construction contract”). The Plaintiff concluded the construction contract on the instant 3 construction contract (hereinafter “the instant construction contract”). The Plaintiff performed each of the construction works under the instant construction contract under the instant 1 to 3 construction contract.

(See No. 13 of the instant construction contract. The 4,200,800 won of the instant construction contract was fully paid. The 51,560,000 won of the price of the instant construction contract (the aggregate of the estimates No. 7-1 and No. 2) and the 203,000,000 won of the instant third construction contract (the purchase price under the evidence No. 2 of the construction contract) were partially paid.

[Ground of recognition] Facts without dispute, Gap 1 through 3, and 7 evidence (the number of claims is included in each number; hereinafter the same shall apply), the plaintiff's assertion as to the ground of claim of the whole argument, and the part of the parties' assertion as to the ground of claim of the whole argument, the total amount of the construction contracts of this case 2, 3, and 127,560,000 won (=254,560,000 won - the disputed amount of 127,000,000 won)

(See) The Plaintiff’s 145,000,000 won in excess of the said KRW 127,00,000,000, the amount of which the Defendant asserted as the total amount of reimbursement was 145,000,000 (i.e., KRW 3,000,000 paid on July 25, 2014), which was paid on August 7, 2014, is deemed as KRW 15,00,000 paid on August 7, 2014.

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