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(영문) 서울남부지방법원 2020.12.15 2018가단252452
공사대금
Text

The defendant's KRW 151,091,036 to the plaintiff and 5% per annum from November 1, 2017 to December 15, 2020, and the following.

Reasons

1. Facts of recognition;

A. C Co., Ltd. entered into a contract for a construction project with D and E Goyang store IBS Corporation, and D entered into a subcontract with the Defendant on the said construction project.

On February 3, 2017, the Plaintiff and the Defendant entered into a subcontract with respect to “construction works to install electric pipes, pipes, distribution lines, and Stickers” during the said construction works, setting the construction cost of KRW 760 million (excluding value-added tax) and the construction period from February 3, 2017 to August 31, 2017.

(hereinafter referred to as the “instant contract”). B.

On July 12, 2017, the Plaintiff entered into an additional construction contract with the Defendant for construction works not included in the instant contract (hereinafter “instant additional contract”) and carried out additional construction works.

C. On September 8, 2017, the Defendant requested the Plaintiff to draw up drawings, calculation specifications, details, pictures, etc. for the settlement with the ordering office.

Accordingly, on September 11, 2017 and September 12, 2017, the Plaintiff provided the Defendant with the general aggregate sheet, calculation sheet, etc.

At that time, the defendant presented the above calculation statement, etc. received from the plaintiff to the ordering office, and based on this, completed the settlement of construction cost under the contract of this case and the additional contract.

The Defendant did not pay the construction cost under the instant additional contract to the Plaintiff up to now.

[Ground of recognition] Facts without dispute, Gap 1 through 7, 11, 12 evidence, Eul 12 evidence, the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the party’s assertion 1) The Plaintiff received the construction cost under the instant contract from the Defendant, but failed to pay the construction cost under the instant additional contract. The Defendant shall pay the Plaintiff the additional construction cost of KRW 157,326,951. The Defendant (2) KRW 56,431,397, out of the additional construction cost claimed by the Plaintiff, is recognized, but the remainder is not acceptable.

The defendant does not perform part of the construction work and directly executes construction work.

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