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(영문) 의정부지방법원 2019.08.27 2018가단16812
공사대금
Text

1. The Defendant’s KRW 55,780,273 as well as its annual 15% from August 29, 2018 to May 31, 2019, and the next day.

Reasons

1. Basic facts

A. On April 19, 2016, Nonparty C Co., Ltd (formerly: D Co., Ltd.; hereinafter referred to as “C”) contracted to the Defendant “E apartment construction project” part of the “E apartment construction project” to KRW 1,850,00,000 (including value-added tax).

B. Around that time, the Defendant subcontracted the construction work to the Plaintiff, and the Plaintiff completed the construction work.

C. As of October 10, 2017, the contract price for the Defendant was changed to KRW 2,039,000,000, and was finally determined as of January 31, 2018 as KRW 1,935,00,000.

【Evidence No. 1, 2, and 3】

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was promised to additionally pay KRW 36,00,000 to the indirect cost, etc., when it received a proposal as KRW 536,017,770, which is the initial contract price for the subcontracting work.

Since then, due to the increase in personnel expenses, the Defendant promised to pay KRW 55,780,273 to the Plaintiff after receiving an increase in KRW 189,00,00 from C.

On the other hand, the income tax and material cost of human beings take the form that the defendant directly pays to the defendant to conceal the violation of the Framework Act on the Construction Industry.

B. The Defendant alleged that the construction work was subcontracted to the Plaintiff at KRW 536,017,770, which is 96% of the contract agreement, and paid KRW 36,000,000 at the Plaintiff’s request on July 2016.

Since then, the Defendant directly paid KRW 442,603,148 to the Plaintiff, and paid KRW 11,149,650 to the Plaintiff, and paid KRW 146,003,572 to the Plaintiff as a material cost, and paid KRW 59,756,370 to the Plaintiff.

Meanwhile, the Defendant received a premium of KRW 2,039,00,000 on October 2017. As a result, the Defendant was paid a premium of KRW 1,935,00,000 on January 31, 2018 due to a decrease in quantity. The Defendant’s payment to the Plaintiff is KRW 566,841,920 [= KRW 530,841,920 + KRW 552,960,920 + KRW 36,000], and the unpaid subcontract payment remains.

3. Determination

A. (1) The defendant shall pay personnel expenses.

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