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(영문) 의정부지방법원 2015.12.17 2013가합9250
공사대금
Text

1. As to the Plaintiff KRW 115,573,760 and its KRW 109,173,760 among them, the Defendant shall start on July 9, 2013 and end on July 6, 400.

Reasons

1. Facts of recognition;

A. The Plaintiff, from February 2012 to May 2013, entered in the “field name” column in the attached Table of the Defendant’s Corporation, from February 2012 to May 2013, completed all the relevant construction work.

B. The Plaintiff and the Defendant did not determine the construction cost from the beginning due to the characteristics of painting construction, and determined the construction cost in the form of confirming the amount of the Defendant’s site manager following the Defendant’s settlement and settlement after the Plaintiff completed the construction work.

The estimated amount and the amount of settlement of the relevant construction works shall be as specified in the attached Table in the “estimated amount” and “settlement amount.”

C. The Defendant paid to the Plaintiff the same amount as indicated in the “settlement” column in the separate sheet among the construction cost in each field, and the Defendant did not pay the remainder to the Plaintiff and did not pay the construction cost of KRW 115,573,760 as indicated in the “Prepaid Amount” column in the separate sheet.

[Ground of recognition] Facts without dispute, Gap 1 through 8 (including paper numbers), the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the defendant is obligated to pay the plaintiff the unpaid construction cost of KRW 115,573,760 (i.e., KRW 295,073,760 - KRW 179,50,00) and KRW 109,173,760, among them, as requested by the plaintiff, a copy of the application for payment order requested by the defendant, as requested by the plaintiff, as to the remaining KRW 6,40,00 from July 9, 2013, the following day after the defendant was served with a copy of the application for payment order requested by the plaintiff, as to the purport of the above additional claim and the application for modification of the cause of the claim, from November 19, 2013 following the day after the defendant was served with a copy of the application for the change of the claim and the scope of the obligation of the defendant for payment from November 19, 2013 to December 17, 2015.

3. Judgment on the defendant's assertion

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