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(영문) 인천지방법원부천지원 2020.07.17 2019가단5446
공사대금
Text

1. As to the Plaintiff KRW 91,580,00 and KRW 42,900 among them, the Defendant shall pay to the Plaintiff KRW 33,680,00 from July 16, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who runs a construction business under the trade name called E, and the defendant is a company that aims at construction business.

B. On February 15, 2017, the Plaintiff was awarded a subcontract for the structural part of the pelvis Corporation for the F Multi-household Construction in Jung-gu Seoul Metropolitan Government (hereinafter “One Construction”). On March 6, 2017, the Plaintiff was awarded a subcontract for the structural part of the pelvis Corporation for the pelvis Corporation for Multi-household Construction in Jung-gu Seoul Metropolitan Government (hereinafter “Second Construction”).

C. The value of construction work of the first construction was KRW 30 million, value-added tax 13.2 million, and value-added tax 13.2 million, on May 13, 2017, the supply value was increased to KRW 360 million, value-added tax 14.4 million, and the construction price of the second construction was KRW 74.4 million.

The Plaintiff received KRW 340,720,000 from the construction price of the first construction project, and received KRW 31,50,000 from the construction price of the second construction project.

E. Construction costs installed for construction works Nos. 1 and 2 were used by the Defendant, and were installed at the construction site. However, as the Defendant failed to properly perform construction works, the rent increased. Accordingly, the Plaintiff was additionally charged KRW 15 million with the rent for construction costs.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. As to the construction cost, according to the above facts, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the unpaid construction cost of KRW 33.68 million (i.e., KRW 360 million - KRW 14.4 million - KRW 340.72 million), the unpaid construction cost of KRW 42.9 million (i.e., KRW 7., KRW 4.4 million - KRW 31.5 million), the rent of building building materials, and delay damages therefrom.

The next point is about the starting point of the damages for delay.

In the case of 1st Construction, the Plaintiff asserted that the construction has been completed on June 30, 2017, but even based on the content certification (Evidence A 10) that the Plaintiff sent to the Defendant, the completion date of construction work for 1st Construction is July 30, 2017. Thus, from July 31, 2017.

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