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(영문) 서울동부지방법원 2017.11.03 2016가단26106
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 47,421,243 and the interest rate of KRW 15.5% per annum from May 22, 2016 to the date of full payment.

Reasons

1. Facts of the cause of claim;

A. On January 2016, the Plaintiff was awarded a subcontract by the Defendant for the first floor exhibition room and the second floor business consent construction of the light Korea building, which is located in the 1036 Emriririririririririririririririririririri 1036, as follows:

(hereinafter referred to as the “instant subcontract”). The construction method: the period of construction for the floor project that captures inorganic slives to the concrete slab floor of the building: 30 days from the date of commencement (including 15 days from the date of commencement of the project): the date of commencement of the construction project: the average temperature of at least 5 %) 30,000 won after the commencement of the project: 50,000 won (excluding value-added tax), cash at the commencement of the project; 50% after the completion of the project;

B. On February 4, 2016, when the plaintiff was waiting for the scheduled commencement date of the subcontract of this case, the same month in which the office's relocation from the defendant is urgent.

8. Prior to the receipt of a request to complete construction of the floor of the administrative consent, the Defendant is responsible for the construction works that have not elapsed between the Defendant and the Defendant, and the contract was entered into between the Plaintiff and the Plaintiff on the settlement of all the expenses incurred due to the urgent construction work (hereinafter “instant agreement on the settlement of actual expenses”).

C. Accordingly, on February 6, 2016, the Plaintiff collected materials and human resources in urgent order and completed the construction of the floor of the second floor project. From February 12, 2016 to February 28, 2016, the Plaintiff completed the construction of the floor of the second floor project, with the Defendant’s order from February 12, 2016 to February 28, 2016, the construction of the floor of the second floor project, such as floor construction of the floor of the second floor project, reconstruction and sub-mixing and hybriding, and continued to construct the floor of the first floor up until March 22, 2016 (hereinafter “the instant floor construction”).

On February 5, 2016, the Plaintiff received KRW 10 million from the Defendant as the price for construction on February 5, 2016, but the price for the instant floor construction calculated according to the above actual cost settlement agreement remains 47,421,243.

[Reasons for Recognition]

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