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(영문) 청주지방법원 2016.08.11 2016가단2987
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from February 20, 2016 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the arguments in Gap evidence No. 1 and Gap evidence No. 2 as to the cause of the claim, the plaintiff entered into a modified contract with the defendant around March 2014 to change the contents that the metal construction work (such as windows, miscellaneouss, and glass) from among the urban-type residential housing construction works located A in Seosan-si after being awarded a contract with the defendant for a construction cost of KRW 6,50,000,000,000 from the defendant and then increase the construction cost of KRW 7,67,171,00,000 from May 2015 to reduce the construction cost of KRW 7,35,00,000. Meanwhile, it is acknowledged that the plaintiff paid KRW 71,500,000 from the defendant as the above construction cost, barring any special circumstance, the defendant is obligated to pay the plaintiff the payment order of KRW 25,00,000 (75,000,000) to the plaintiff.

2. As to the judgment of the defendant's assertion, the defendant contracted the part of metal construction as alleged by the plaintiff, but the defendant concluded a modified contract with the purport that the defendant's employee B would increase the price for the false construction work, and the defendant paid all the construction work price under the normal construction contract to the plaintiff. However, it is not sufficient to acknowledge the fact with the statement of Eul evidence No. 1, and there is no other evidence to acknowledge it. Thus, the defendant's assertion is without merit.

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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