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(영문) 서울중앙지방법원 2015.01.23 2014가단5078266
공사대금
Text

1. The Defendant’s KRW 25,426,50 with respect to the Plaintiff and KRW 5% per annum from April 5, 2014 to January 23, 2015, and the following.

Reasons

1. Basic facts

A. The Defendant contracted to Samsung C&T Co., Ltd. (hereinafter “T&T”) with the contract amount of KRW 691,900,000 (the supply price of KRW 629,000,000, value-added tax amount of KRW 62,900,00) among the Global Dormitory Construction Works in Seongbuk-si University Global Dormitory.

The Plaintiff was awarded a subcontract to the panel (hereinafter “instant construction”) among the above construction works by the Defendant. The subcontract was drafted on November 7, 2013, and the main contents thereof are as follows.

Construction period: Contract amount on December 30, 2013 on the date of completion on October 1, 2013: 97,900,000 won (value of supply, 89,000,000, value-added tax 8,900,000): Other matters: Settlement conditions for actual work volume standards (3,402,00 for the increased or decreased portion of quantity + settlement conditions according to the defendant settlement conditions): 83,402,00 won directly for the panel work [17,949,80 won for the panel work] 43,304,80 won for the panel work (2) 43,304,80 won for the panel work

B. The total amount of KRW 21,065,00 was reduced due to design modification, etc., which did not perform the roof PURIN construction and theme home system installation construction among the instant construction.

C. In the instant construction phase, the addition and alteration work, such as the panel subordinate AL SHET, the stairs room Me1 (ALS ET), the stairs room Me2 (AL SHET), the Mething panel Mething, the installation of a Mething panel (AL SHET), the outer wall cosing, and the windowing for windows, etc. was conducted.

On February 7, 2014, the Plaintiff demanded the Defendant to pay KRW 131,340,000 (including value-added tax) for the instant construction and additional construction costs.

On March 3, 2014, the Defendant settled the construction volume, etc. to the Plaintiff on March 3, 2014 (including value-added tax).

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