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(영문) 서울중앙지방법원 2016.08.10 2015가단168154
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,379,90 and the interest rate of KRW 15% per annum from October 28, 2015 to the day of full payment.

Reasons

1. Facts of recognition;

A. On July 1, 2015, the Plaintiff subcontracted the metal works (hereinafter “instant construction works”) from the Defendant to KRW 70,000,000 of the construction cost (including value added tax) among the tegical art works in Daegu B exhibition centers.

B. After that, the Plaintiff and the Defendant concluded an additional construction agreement with the exception of the glass construction (13,500,000 won) among the instant construction works, which included KRW 16,870,00,00 (including surtax, KRW 18,557,00,00).

[Plaintiff’s assertion that the total construction amount of KRW 75,057,00 in the complaint is KRW 70,000 in the construction contract of this case - KRW 13,500,000 in the free construction contract of this case - KRW 18,557,00 in the amount of additional construction work of KRW 13,50,00 in the free construction contract of this case], Defendant’s attorney also acknowledged the fact that the construction contract of this case and the additional construction contract of this case were concluded on the first legal date as alleged by the Plaintiff at the first legal date of pleading.]

On September 2015, the Plaintiff completed all construction and supplementary construction works excluding construction costs of KRW 1,365,00 (including additional tax, KRW 1,501,50), among the instant construction works, and KRW 1,501,50.

The Defendant paid the Plaintiff KRW 35,000,000 in total as the instant construction work and the additional construction cost.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2, witness C's testimony, purport of whole pleadings

2. According to the facts of the above recognition as to the plaintiff's claim, the defendant is obligated to pay the plaintiff the remaining construction cost of KRW 38,55,500 ( KRW 75,057,000 - 1,501,500 - 35,000 - 35,000), which is the amount claimed by the plaintiff, after deducting the construction cost of KRW 1,501,50,500 from the unpaid construction cost of KRW 75,05,00,00,000 from the unpaid construction cost of KRW 75,05,00,000. However, the defendant recognizes only the amount claimed by the plaintiff as KRW 38,379,90 from the above amount.

3. Defendant’s assertion and judgment

A. First, the Defendant settled the volume of the Plaintiff’s construction work together with C that the Defendant had been in charge of the field management of the instant construction site after the instant construction site after the completion of the construction work. As a result, KRW 25,896,440 shall be included in the instant construction work.

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