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(영문) 창원지방법원 2019.08.22 2018가단121090
공사대금
Text

1. The Defendant’s KRW 53,00,000 and its amount shall be 5% per annum from November 9, 2018 to May 31, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant entered into a subcontract on April 20, 2017 (hereinafter “C”) with C Co., Ltd. (hereinafter “C”).

(D) Busan Gangseo-gu and the second-class neighborhood living facility construction project (hereinafter “instant construction”) on one parcel outside Busan Gangseo-gu.

(2) On April 30, 2018, the Plaintiff and the instant construction, entered into a subcontract with the Defendant, the construction cost of KRW 140,300,000 (including value-added tax), the construction period of KRW 330,000 (including value-added tax) and the period of construction from April 20, 2018 to August 31, 2018.

(hereinafter “instant subcontract”). (b)

(1) After commencing the construction project, the Plaintiff issued a tax invoice to the Defendant on May 17, 2018, and claimed KRW 66 million for the first half payment, and KRW 50 million for the second half payment on June 20, 2018. (2) The Defendant paid to the Plaintiff KRW 90 million in total, including KRW 60 million on May 21, 2018 and KRW 30 million on July 17, 2018.

C. (1) By August 31, 2018, the Plaintiff completed the steel frame and the steel panel construction stipulated in the instant subcontract, and issued a tax invoice for the remaining construction cost of KRW 22 million on September 27, 2018. (2) A, around August 2018, paid the construction cost unpaid in the name of the Defendant during the period from August 17, 2018 to August 22, 2018, and issued a written undertaking to pay the remaining construction cost of KRW 22 million to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff 1’s assertion of the parties concerned concluded a subcontract of this case with the head of the Defendant field office, who has legitimate authority to conclude the subcontract of this case, and completed the construction work.

The defendant shall pay the unpaid construction cost to the plaintiff 5.

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