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(영문) 수원지방법원 성남지원 2018.10.17 2018가단203011
공사대금
Text

1. The Defendant’s KRW 1,340,00 for the Plaintiff and 6% per annum from February 9, 2018 to October 17, 2018.

Reasons

1. Basic facts

A. On September 18, 2017, the new construction company awarded a subcontract for the installation works of Aluminium panel to the Defendant. On September 18, 2017, the Defendant concluded a contract for construction with the Plaintiff, setting the construction works of Aluminium compounding panel, among the construction works of Puinium C, as construction works, from October 10 to November 30, 2017, with the construction period fixed from October 30, 2017 to November 30, 2017, with the construction cost of KRW 84,00,000 (including value-added tax, value-added tax, KRW 92,40,000,00

(hereinafter “instant construction contract”). B.

The Defendant paid KRW 109,760,000 in total by paying each of the construction cost to the Plaintiff, ① KRW 18,480,00 on September 20, 2017, ② KRW 20,000 on December 4, 2017, ③ December 5, 2017, ④ KRW 18,700,000 on January 15, 2018, ⑤ KRW 580,000 on February 14, 2018, ⑤ KRW 3,000 on March 23, 2018, respectively.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion completed the additional construction in addition to the instant construction, and the amount of the principal construction cost of the instant case is KRW 84,00,000, and the additional construction cost of KRW 25,389,50.

As to this, the Plaintiff and the Defendant agreed to settle the total of KRW 109,90,00 (120,890,000 if the Plaintiff included the value-added tax and the value-added tax), including both the principal construction cost and the additional construction cost, and the equipment cost paid by the Plaintiff for the instant construction is KRW 1,320,000.

However, the Defendant paid to the Plaintiff KRW 18,480,00 on September 20, 2017, ② KRW 20,000 on December 4, 2017, ③ KRW 20,000,00 on December 5, 2017, ④ KRW 18,700,000 on January 15, 2018, ⑤ KRW 29,580,00 on February 14, 2018, ② KRW 109,760,00 on March 23, 2018.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 12,450,000 (i.e., KRW 120,890,000 for the settlement of construction price, KRW 1,320,00 for the equipment cost - Total amount of KRW 109,760,00 for the Defendant’s payment), and damages for delay.

B. The plaintiff and the defendant alleged in this case.

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