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Defendant’s KRW 21,320,00 and KRW 76,120,00 among the Plaintiff’s KRW 221,320,000 shall be from September 1, 2017, and KRW 145,20,00.
Reasons
1.The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings as a result of partial expert appraisal of Gap evidence 1 to 9, 11, 12, and 13 (including paper numbers; hereinafter the same shall apply) or as a result of the expert witness C’s appraisal:
The Incheon Metropolitan City Mayor awarded a contract to Nonparty D Co., Ltd. (hereinafter referred to as the “D”), D subcontracted the above construction to Nonparty F Co., Ltd., and F re-subcontracted the above construction to the Defendant.
B. On May 2016, the Plaintiff, who installed a fire partition from the Defendant, intended to cover the vacant space in the part where a high voltage cable is located at the construction site of the instant construction site by using the fire pumps and fire-fighting parts.
(hereinafter “instant construction project”) was re-subcontracted, and the construction cost was agreed to be paid by settling accounts at actual cost after two months after the issuance of each tax invoice as an interim progress payment and completion payment.
(hereinafter “instant contract”). C.
The base price for the issuance date of tax invoices issued by the Plaintiff against the Defendant in relation to the instant construction works is indicated in the following table, and the Plaintiff completed the construction works equivalent to each price.
Items Serial Nos. 1 30,415,00 on March 28, 2017, 2017, 201. 30,415,000 on March 28, 2017, 49,290,004 above 49,830,000 on June 26, 2017;
Cheongju on August 3, 2017 26,400,000 6 Fire Fighting Units (Curba and Automatic Control Units) Construction Works, September 145, 2017, September 145, 200,00 312,070,000
2. According to the above facts of recognition, the Defendant, barring special circumstances, set forth in the table No. 30,415,00 won for construction work payment No. 2 No. 30,415,00 won, and No. 5 on November 15, 2017, from the Defendant, the Plaintiff, who was paid the Plaintiff among the construction cost of KRW 312,070,000 for the instant construction cost of KRW 312,00,00 for the Plaintiff, from the Defendant on February 27, 2017.