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(영문) 대구지방법원 서부지원 2018.02.08 2015가단35144
공사대금
Text

1. The Defendant: (a) KRW 29,276,625 for the Plaintiff and KRW 5% per annum from July 9, 2015 to February 8, 2018; and (b) from the following day.

Reasons

1. Facts of recognition;

A. On June 1, 2014, the Plaintiff, as a constructor of the trade name “C”, was awarded a contract with the Defendant for the construction period of the structural construction of the framed-gun D, Gyeongcheon-gun, and the new building on the ground of the E-owned land (including mold and wooden, concrete building, and external rains, excluding simple steel bars; hereinafter “instant construction”) from June 1, 2014 to August 30, 2014, as the construction cost, the construction cost of KRW 62 million (excluding value-added tax).

B. The Plaintiff commenced the instant construction work around June 25, 2014 due to the delay in the preceding process.

On September 4, 2014, when the Plaintiff completed the structural construction from the first to the third floor, and installed the inner fry house of the garment bank in the rooftop, the construction was suspended while the Defendant changed the design of the garment bank in the rooftop.

C. After that, the Plaintiff and the Defendant consulted for the resumption of construction, and as a result, the Defendant agreed to pay to the Plaintiff KRW 4 million under the pretext of losses and additional expenses incurred due to changes in the design of the rooftop.

The Plaintiff resumed the construction around September 2014. However, during the process of the Defendant’s seeking for the vegetable labor, the construction was discontinued as soon as there was a conflict between the Plaintiff and the Defendant.

E. Meanwhile, around July 2, 2014, for the instant construction project, the Plaintiff leased non-defense materials, etc. from the Daesung Co., Ltd. (hereinafter “Seoul”) around July 2, 2014.

On October 2014, the Plaintiff had suspended construction works, but the Plaintiff attempted to remove the materials leased from the passenger ship company at the construction site of this case. However, the Defendant failed to do so.

After completing construction by using the above materials, the Defendant returned the above materials to the Daeman commercial company on April 15, 2015.

The Grand Master requires the Plaintiff to pay 19,345,710 won of material rent from October 3, 2014 to April 15, 2015.

On the other hand, the defendant promised to pay the rent of KRW 11 million (including value-added tax) to the Grand Prize.

F. The Defendant paid the Plaintiff the construction cost of KRW 42 million.

(g)in this regard;

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