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(영문) 인천지방법원부천지원 2019.02.14 2018가단108669
공사대금
Text

1. The Defendant’s KRW 5,576,400 as well as 6% per annum from May 25, 2018 to February 14, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On October 31, 2017, the Defendant entered into a subcontract with C Co., Ltd. (hereinafter referred to as “C”) which is a contractor, with respect to D Construction, which is KRW 962,00,000 (including value-added tax).

B. On October 2017, the Defendant: (a) performed some of the subcontracted projects as a part of the subcontracted projects and performed by the Plaintiff; (b) KRW 614,686,400 (including value-added tax); (c) and (d) the remainder of the subcontracted project, E, or E

(ii) enter into each subcontract with the content that it shall carry out and pay E 329,313,600 won (including value-added tax);

The above subcontract agreement between the plaintiff and the defendant is referred to as "the subcontract of this case".

A person shall be appointed.

C. Around December 2017, the Plaintiff completed construction works under the instant subcontract. The Defendant paid the Plaintiff KRW 559,110,000 in total, from November 20, 2017 to January 2, 2018.

[Ground of recognition] In the absence of dispute, Gap's evidence Nos. 3 through 7 (including additional number), Eul's evidence Nos. 1 through 3, and Eul's evidence Nos. 3, 2, and 3 were forged by the plaintiff's representative director F's holding the defendant's seal impression, but there is no evidence to acknowledge it, each of the above evidence is admissible.

or video, the purpose of the whole pleading

2. The parties' assertion

A. The plaintiff's assertion argues that the plaintiff is obligated to pay to the plaintiff 6,917,80 won for the subcontract price of this case (6,686,400 won for additional construction work - KRW 11,341,400 for the fixed construction work price of this case - KRW 559,110,00 for the fixed construction price) and delay damages, since the defendant agreed to pay to the plaintiff 11,341,40 won for the part of the construction work that the defendant and E agreed to perform while performing the construction work in accordance with the subcontract of this case.

B. The Defendant’s assertion is that the Plaintiff shall pay the construction cost of KRW 614,686,400 to the Plaintiff according to the instant subcontract.

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