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(영문) 대구지방법원서부지원 2015.05.26 2014가단17866
공사대금
Text

1. The Defendant’s KRW 30,052,950 for the Plaintiff and the following: 6% per annum from April 20, 2013 to May 26, 2015.

Reasons

Basic Facts

The Plaintiff is a corporation that runs steel manufacturing and sales business, and the Defendant (hereinafter “Defendant”) is a corporation that manufactures and installs steel structures, etc.

On November 2, 2012, the Plaintiff entered into a construction contract with the Defendant for a construction project with the amount of KRW 509,190,00 (including value-added tax) that constitutes “FINX 2,00,000, which constitutes “the steel frame in substance” in Sections 1, 2, and 3, which constitutes “FINX 2,000,000,000,000 won, by taking advantage of the materials supplied by the Defendant, and from November 2, 2012 to December 31, 2012, the Plaintiff applied the unit price of KRW 300,000 per ton, regardless of the construction item as follows.

On December 31, 2012, 200, the unit price for the unit quantity of the product at the final payment period for the contents of the contract for the items was the amount of 300,000,000 64,200,000,000 Grier & Be Book 1,129 300,000,700,000 338,700,000, 000 Sair & Hrails, Dekon 200,300,000 on December 31, 2012, Titron 1,5430,000,000,000 for the unit quantity at the final payment period for the items, the Plaintiff and the Defendant agreed to use the additional construction work for the part of 1,20,000 and non-construction work already made by an enterprise different from the construction contract for the above Section 3 as well as the part of construction work already supplied by the Defendant (hereinafter referred to as “the additional construction work”).

On April 19, 2013, the Plaintiff completed the additional construction work in Section 3 and 49.126 tons, and around that time, the Plaintiff received full payment from the Defendant for the construction work in Section 3.

[Ground] In the absence of dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 3, and 5, Gap's testimony, witness Gap's assertion of the purport of the whole pleadings, and the plaintiff's assertion of the parties to the judgment, the plaintiff agreed to be paid the construction cost in accordance with the unit price applied by the plaintiff, not 30,000 won per ton of the unit price of the construction contract, and the plaintiff supplied the defendant with materials of 10.21 tons from the company during the construction period at the defendant's request.

Therefore, the defendant is therefore attached Form 1.

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