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(영문) 인천지방법원 부천지원 2021.01.13 2019가단20506
공사대금
Text

The Defendant’s KRW 16,391,210 to the Plaintiff’s KRW 6% per annum from June 27, 2019 to December 23, 2020.

Reasons

Plaintiff’s assertion

From July 2014 to December 2016, the Plaintiff received a subcontract for purification and excellent treatment facilities, etc. from the Defendant at the construction site from the Defendant, and completed the construction work at the construction site. Although the total amount of construction cost was KRW 178,897,620, the Defendant received only KRW 147,013,790 from the Defendant, the Defendant shall pay the Plaintiff the unpaid construction cost (= KRW 178,883,897,620 - KRW 147,013,790) (see the attached Table “the outstanding amount of construction approval from the Corporation”).2.

A. 1) Of the construction sites indicated in the attached Table No. 3 as asserted by the Plaintiff, there is no dispute between the parties with respect to the construction site and the construction cost, excluding KRW 1,650,00, KRW 2,200, KRW 495,00, KRW 24, and KRW 1,100,000, KRW 28, and KRW 3,135,000, KRW 43, and KRW 43, and KRW 10,186,00, and KRW 43, and KRW 48, and KRW 2,171, and KRW 620, the remainder of the construction site and the construction cost.

2) If the purport of the entire argument is added to Gap evidence No. 12, witness G and H’s testimony, the plaintiff, the defendant’s representative director I, and the defendant’s director H 3, after settling accounts for the amount of the plaintiff’s claim for construction cost up to October 1, 2015, signed by H to the plaintiff’s account book (including the value added tax) to the effect that H is KRW 48,950,000 (including the amount that the defendant is liable to pay to the plaintiff) on the plaintiff’s account book up to October 1, 2015. The above account book entered the facts that ① C apartment 1,650,000 won, ② 18 Dma 2,200,000 won, ③ 24 E-gate No. 495,000 won, ④ 28,000 won, and ④ 10,000 won in the net account book.

Therefore, the construction cost related to the construction site is recognized by the defendant's representative I, and the plaintiff can receive it from the defendant.

As to this, the defendant did not know about the construction site claimed by the plaintiff because H had been employed for a long time.

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