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(영문) 대전지방법원천안지원 2017.08.09 2016가단18049
공사대금
Text

1. The Defendant’s 60,500,000 won and the interest rate of 15% per annum from January 5, 2017 to the date of complete payment.

Reasons

1. Basic facts

A. The Defendant was awarded a contract for the incidental civil engineering works among the new construction works of the incheon C Multi-Family Housing with total construction cost of KRW 2.232 billion, from the Hoban Construction Co., Ltd. (hereinafter “Moban Construction”).

B. The Defendant entered into a contract with the development of walls (hereinafter “the instant construction”) on the re-subcontracting for KRW 13,785,420 of the construction cost during the said construction work for water smuggling tests, CCTV filmings, and dredging works (hereinafter “instant construction”).

Around July 2016, the wall development renounced the instant construction work, and the Defendant concluded a sub-subcontract with the Kd Co., Ltd. (hereinafter “Kd”) to KRW 17,365,920 for the instant construction work.

Since then, the construction of this case was suspended.

C. Of the construction details of brick development or case, there were defects, such as strings, breakages, connecting pipes repair and protrudings, protrudings, protrudings, etc., on an excellent line, but the said defects were repaired by October 2016 and the instant construction was completed.

On October 13, 2016, the Defendant entered into a contract with the Plaintiff on the following terms: (a) No. 1 document of the contract to subcontract the Plaintiff with the amount of KRW 35 million (excluding value-added tax) from October 1, 2016 to October 25, 2016; and (b) the amount of 35 million (excluding value-added tax) during the period of the CCTV shooting investigation and repair works among the new construction works of the incheon C Multi-Family Housing Construction Works;

(A) prepare and conclude an order. [The facts that there is no dispute over the basis of recognition, Gap evidence No. 1, Eul evidence No. 1, Eul evidence No. 2 and 3, and the purport of the whole pleadings.]

2. Summary of the parties' arguments

A. From September 8, 2016 to September 19, 2016, Plaintiff 1 performed the instant construction work in which Plaintiff 1 had suspended wall development and rink, and the construction of this case was completed by constructing two lanes from October 17, 2016 to October 10.

The defendant shall pay 20 million won (excluding value-added tax) for the primary part of the project, and 35 million won for the secondary part of the project (excluding value-added tax), and this shall apply to the secondary part of the project.

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