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광주지방법원 2015.06.09 2014가단6713
약정금
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1. The Defendant’s KRW 13,532,00 for the Plaintiff and KRW 6% per annum from February 18, 2014 to June 9, 2015.

Reasons

1. Facts of recognition;

A. On April 11, 2013, the Defendant entered into a subcontract with the Plaintiff, setting the construction cost of KRW 225,500,000 (including value-added tax) for the steel frame, panel, metal, windows, glass supply, and installation work (hereinafter “the construction work for the wind power generation complex of this case”) up to June 20, 2013, among the construction work for the projects for the construction for the wind power generation complex of the Young Cancer, but the Defendant changed the construction cost of the construction for the wind power generation complex of this case to KRW 247,50,00 (including value-added tax) and the period of September 30, 2013.

B. On March 11, 2013, the Defendant awarded a contract to install low temperature storage facilities for the control of flood shipment of agricultural products (including value-added tax) from the agricultural association corporation in the stores of the Chang Chang Changdong, for the installation of low temperature storage facilities for agricultural products; from March 15, 2013 to June 12, 2013 (the date of completion of construction work on June 10, 2013, changed to June 17, 2013); and on April 23, 2013, the Defendant subcontracted the instant construction works for steel frame, panel, and painting (hereinafter referred to as the “instant construction”) to the Plaintiff by fixing the supply price of 12,650,000 won (including value-added tax) during the construction of the low temperature storage facilities in the instant case; and the construction period to June 5, 2013.

C. On November 6, 2013, the Plaintiff completed the instant construction and the instant construction. While the Defendant delayed part of the construction cost, the Plaintiff prepared a written confirmation of balance (Evidence No. 3; hereinafter “the instant balance certificate”) stating that “The remainder of the construction cost for the instant construction is KRW 17.15 million and the remainder of the construction cost for the instant construction is KRW 33.2 million and the remainder of the construction cost, KRW 5.355 million, and the said balance is paid until January 31, 2014.”

On January 2, 2014, the Defendant paid to the Plaintiff KRW 1,7150,00,000 as part of the remainder amount of the construction for the wind power generation complex of this case and KRW 1,285,00,000 among the remainder amount of the construction of this case.

[Identification Evidence] Evidence No. 1-1, 2, Evidence No. 2-4, Evidence No. 33, and the purport of the whole pleadings

2. The cause of the action.