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(영문) 창원지방법원마산지원 2017.11.28 2017가단1373
공사대금
Text

1. The Defendant’s KRW 78,324,00 as well as the Plaintiff’s annual rate of KRW 5% from April 27, 2017 to November 28, 2017, and the following.

Reasons

1. Determination as to the cause of claim

A. The Defendant subcontracted to the Plaintiff (hereinafter “B”) a “large-type heat treatment construction work” and drafted a contract with the Plaintiff on September 6, 2016 with the following content: The amount of construction work on September 2, 201: the amount of transfer (7,500 won per entry).

3. The contract period: Cash settlement within the 25th day of the following month after work from August 1, 2016 to July 30, 2018: From the first day to the last day of the following month - General conditions of contract - Article 7 (Suspension or Alteration of Construction Works) 1) the defendant may suspend or modify all or part of the construction work, depending on circumstances. In such cases, the defendant may reduce the construction period as necessary. In such cases, in the case of paragraph (2), the defendant may increase or decrease the construction cost according to the unit price in the detailed statement of construction expenses.

Provided, That if it is difficult to use the unit price of the detailed statement of construction cost or if it falls under any of the items other than the detailed statement of construction cost, he/she shall consult with each other, and if no agreement is reached, the defendant shall determine it as reasonable

2) From September 2016 to January 2017, the Plaintiff continued the construction, and the construction was suspended due to the Defendant’s reasons. Meanwhile, the Defendant paid only remuneration for September and October 2016 to the Plaintiff, and the amount of construction work not paid up to the present date is KRW 93,324,00 (i.e., 11,312 seal x 7,500 value-added tax x KRW 8,484,00). [In the absence of any dispute over the grounds for recognition, there is no ground for recognition, and each entry in the evidence No. 1-11, 16, 17, 21, and 222, and the purport of the entire pleadings.

B. According to the above facts finding, the defendant is obligated to pay the remaining construction cost of KRW 93,324,000 to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The Defendant asserted that the amount of construction work should be reduced, following consultation with the Plaintiff, that the Defendant would be paid the remuneration calculated as KRW 5,000 per custody from November 2016. However, the evidence submitted by the Defendant alone is between the Plaintiff and the Defendant.

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