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(영문) 서울중앙지방법원 2015.05.18 2013가단331354
공사대금
Text

1. The Defendant’s KRW 53,30,000 and the Plaintiff’s annual rate of KRW 6% from January 16, 2014 to May 18, 2015, and the following.

Reasons

1. Facts of recognition;

A. around March 2013, the Defendant requested C to construct a multi-family house and neighborhood living facilities on the ground of Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant construction”) and implemented it directly by the owner.

Therefore, the defendant completed the civil engineering work and the structural construction work during the instant construction work in the form of paying the price to C if C purchases materials and requests the subcontractor for construction work.

However, the instant construction was suspended around June 2013 due to the dispute between the Defendant and C on the ground that the Defendant did not pay money at the time.

B. The Plaintiff received a subcontract from C for the part of the instant construction work and the steel work for the instant construction work. Meanwhile, from March to July of the same year, from March 2013, the Plaintiff performed the lighting, aesthetic, waterproof, waterproof, machinery and equipment, and electrical equipment construction among the instant construction work, and the construction cost amounting to KRW 53,300,000.

C. On June 25, 2013, C sent to the Defendant a statement of accounts (Evidence A3), stating that “The specifications of D steel-combined/Surined Construction, etc.,” consisting of “the specifications of D steel-combined/Surined Construction, etc.,” and indicating that the amount of construction for temporary installation works, reinforced concrete construction works, and other construction works is KRW 260,079,904 (value-added Tax Separate) (Evidence A). On August 17, 2013, the Defendant sent to C a statement of accounts consisting of KRW 285,246,880, including the Plaintiff’s labor cost of KRW 86,163,370 in relation to the instant construction work (Evidence 2-1, 2).

C, on August 20, 2013, as the subordinate company of the Plaintiff, etc., the Defendant, as the subordinate company of the Plaintiff, etc., received KRW 285,246,880, including value-added tax, for the construction cost that has been in force until the date, and renounced all rights to the instant construction project, and made up a letter (Evidence B 1) stating that he/she will be liable for any claim of rights by the subordinate company of the Plaintiff, etc. as to the instant construction project.

E. The Defendant on October 2013.

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