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(영문) 서울남부지방법원 2016.09.23 2016가단213408
공사대금
Text

1. The defendant shall pay 47 million won to the plaintiff and 15% per annum from April 8, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in the manufacturing business and wholesale and retail business with the trade name of “C,” and the Defendant is a company that engages in construction business, etc.

B. The Plaintiff commenced construction work on January 15, 2015 and completed construction work on November 20, 2015, under a subcontract for metal construction (hereinafter “instant construction work”) among the construction works for new construction and remodelling of the Seoul Jongno-gu D and E-owned building that the Defendant performed under a contract.

C. The Plaintiff received KRW 85 million from the Defendant as the instant construction cost.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, witness F's testimony, whole purport of oral argument

2. Assertion and determination

A. The plaintiff asserts that since the construction of this case was completed by subcontracting the construction cost of KRW 132 million from the defendant, the defendant should receive the payment of the construction cost of KRW 47 million and the payment for delay.

The defendant asserts that the standard subcontract agreement for construction works (A No. 3, 200, hereinafter referred to as the "instant subcontract agreement") was voluntarily prepared by F after the expiration of the construction period claimed by the plaintiff, and the attached documents were omitted, and the construction price was additionally written.

B. Determination Gap evidence Nos. 3 (the stamp image of the above document is recognized by the defendant's corporate sense, and according to the witness F's testimony and the whole purport of oral argument, Eul evidence No. 3 is recognized to have been entrusted by the defendant, and according to the whole purport of Gap evidence No. 5) through Gap evidence No. 5, witness F's testimony and oral argument, F works as the defendant's on-site manager from May 2014 to April 2016, while working as the defendant's on-site manager, supervision, receipt of estimation from subcontractors and reporting of the head office, etc., F works as the site manager at the construction and remodeling site of the instant G building; F works as the site manager at the construction and remodeling site of the instant G building; and F receives estimates from the plaintiff.

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