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(영문) 광주지방법원 순천지원 2017.01.11 2014가단22295
공사대금
Text

1. The Defendant’s KRW 52,515,406 as well as the Plaintiff’s annual rate from March 15, 2016 to January 11, 2017.

Reasons

1. The following facts are, without dispute between the parties, acknowledged as being based on Gap evidence 2, 8, Eul evidence 1, 18, 19, and 27 (including serial evidence), the witness C's testimony, and witness D's witness witness's testimony in the whole manner.

A. On February 28, 2014, a subcontract agreement was made between the following: (a) a normal comprehensive construction company (hereinafter referred to as “non-party company”) that received a contract for the E-Road Construction Work from the following regional land management authorities; (b) and the Defendant; (c) the non-party company set the construction cost of the said E-Road Construction Work (hereinafter referred to as “instant Construction Work”) at KRW 770 million (including value-added tax) and the period of construction from February 28, 2014 to May 14, 2014.

B. On March 1, 2014, from around May 30, 2014 to around May 30, 2014, the Plaintiff procured most of the construction costs required for the instant construction project, including D’s salary from the field director dispatched by the Defendant, and led the construction in the process of construction.

C. Around May 30, 2014, the instant construction project was interrupted due to the circumstances of the Nonparty Company. Around July 21, 2014, the Defendant filed a claim with the Nonparty Company for construction cost of KRW 424,102,220 as the construction cost up to the time of the other termination. Accordingly, the Nonparty Company demanded the Defendant to settle the construction price of KRW 300 million (excluding value-added tax).

On August 31, 2014, following discussions on the settlement of the construction price of this case with the Plaintiff, the Defendant was prepared and delivered from the Plaintiff a letter of agreement stating that “The construction price shall be settled at KRW 330 million (including value-added tax) with the Nonindicted Company and the Plaintiff, but the total construction cost shall be paid with the above settlement amount, and if short, the Plaintiff shall waive the claim amount of the Plaintiff.” (hereinafter “instant letter of agreement”).

E. On September 1, 2014, the Defendant agreed on the settlement of the construction price of KRW 330 million with the non-party company (including value-added tax) and accordingly, the non-party company was immediately paid the non-party company to the Defendant at the above KRW 330 million on October 20, 2014.

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