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(영문) 광주지방법원 2016.02.03 2014가단529452
공사대금
Text

1. The Defendant’s KRW 39,990,560 as well as the Plaintiff’s annual rate of 5% from October 7, 2014 to February 3, 2016, and the following.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of Gap evidence 1, Eul evidence 3, the appraiser Gap's appraisal result, and the whole purport of the pleadings:

On February 21, 2014, the Defendant subcontracted the instant construction work to the Plaintiff at KRW 161,70,000 (including value-added tax; hereinafter the same shall apply) among the construction works for new factories of the company on the ground of the 185 and seven parcels of land in Geum-dong-ri, Geumdong-si, Geumdong-dong-dong-dong-dong-si, and the Plaintiff.

B. The foregoing building was approved for use on October 6, 2014. Until that time, only 1,672.8 square meters of fireproof paints among the instant construction was completed, and the remainder of 27.2 square meters has not been completed.

2. Determination

A. The Defendant subcontracted the instant construction work to the Plaintiff at KRW 161,70,000. The above building was approved for use on October 6, 2014. The Plaintiff completed the remainder construction work excluding the fireproof 27.2 square meters among the instant construction works until that time. According to the above evidence, it can be acknowledged that the unit price per 7,700 square meters among the instant construction works is 209,440 won. The above non-construction portion is 16,00,000 won, and the Defendant paid the Plaintiff KRW 5,50,000,000 to the Plaintiff and directly paid the Plaintiff KRW 39,90,50,000 to the Plaintiff who actually performed the construction work, and barring special circumstances, the Defendant paid the Plaintiff KRW 16,50,000,000 to the Plaintiff at an annual rate of KRW 5,50,000,000 to the Plaintiff’s KRW 165,000,00,00.

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