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(영문) 대구지방법원 2015.12.18 2015가합200207
공사대금
Text

1. The Defendant’s KRW 107,113,50 for the Plaintiff and KRW 6% per annum from January 29, 2015 to December 18, 2015.

Reasons

1. Basic facts

A. The Plaintiff Company is running the business of manufacturing, installing, and selling landscaping facilities, and the Defendant Company is running landscaping design, construction supervision, etc.

B. On the ground of 684-20, Jung-gu, Daegu-gu, Daegu-dong, the Defendant Company received the portion of the landscaping construction among the construction works from the said new construction project development project promotion company, and subcontracted on June 5, 2014 the part of the construction works for the facilities among the construction works (hereinafter “instant construction works”) to the Plaintiff Company for the total construction cost of KRW 249.7 million and the construction period of the construction from June 5, 2014 to July 31, 2014.

(hereinafter referred to as the “instant subcontract”). C.

Plaintiff

By the end of August 2014, the company undertaken the construction of the instant facilities. The Defendant Company paid the Plaintiff Company KRW 167,614,000 in total, including KRW 167,614,00,000,000 on June 11, 2014, ② KRW 40,000 on July 21, 2014, ③ KRW 29,132,000 on July 29, 2014, ④ KRW 20,000 on September 5, 2014, ⑤ KRW 33,482,00 on September 22, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5 evidence, Gap evidence 4-1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. Article 5(1) of the Special Conditions for the Subcontract of this case of the Plaintiff Company provides that “The amount of construction works additionally executed by the Plaintiff Company upon the direction of the Defendant Company shall be increased to the Plaintiff Company.” Since the Plaintiff Company’s additional construction works in accordance with the direction of the Defendant Company, the total construction cost was changed to KRW 275,594,00 (the additional construction cost of KRW 25,894,000 per original contract amount of KRW 274,727,50,00,000 (the additional construction cost of KRW 274,727,500,000), whichever was earlier, and the Defendant Company voluntarily transferred to the Defendant Company for KRW 274,727,50,00 among them. Accordingly, the Defendant Company did not reduce the remainder of the construction cost of the Plaintiff Company, but in fact, through the preparatory brief dated 6, 2015.

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