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(영문) 청주지방법원충주지원 2015.04.30 2014가단6421
공사대금
Text

1. The Defendant’s KRW 67,00,000 as well as 6% per annum from August 15, 2014 to April 30, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around May 2014, the Defendant concluded a contract with the Plaintiff (hereinafter “instant construction contract”) stating that “The Defendant shall pay KRW 90,000,000 to the Plaintiff in return for the type framework, steel bars, rains, and other new construction works among the construction works for factory office expansion works that the Defendant received from B, among the construction works for factory office expansion works for which the Defendant received from B,” (hereinafter “instant construction works,” and “instant construction contract”).

B. The Defendant paid to the Plaintiff KRW 10,00,000,000 each of the instant construction cost, and KRW 10,000,00 on July 4, 2014.

C. On July 9, 2014, the Defendant prepared a written confirmation (Evidence A 3) that “I confirm that I will pay the instant construction cost of KRW 67,000,000 by July 31, 2014,” and issued it to the Plaintiff.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 67,000,000.

In addition, at the time of the preparation of the written confirmation of payment (Evidence A) as of July 9, 2014, the Plaintiff: (a) provided that “the Defendant shall pay KRW 67,000,000 to July 31, 2014; (b) paid KRW 37,000,000,000, which was not paid for the instant construction contract; (c) but the Defendant did not pay KRW 67,00,000 until the said payment date; (d) and (e) provided that the Defendant is liable to pay the remainder of KRW 3,00,000 to the Plaintiff. However, in light of the language and form of the evidence No. 3, it is reasonable to deem that the Plaintiff and the Defendant confirmed the construction cost of this case (67,00,000,000) and the date ( July 31, 2014). Therefore, the Plaintiff’s above assertion is without merit.

3. Judgment on the defendant's defense

A. The Defendant, among the instant construction works, does not construct a steel structure of the second floor, ready-mixed building, window frame, 3 floor chain, pipe slab for each floor, pipe slab for each floor, rooftop interior retaining wall, etc., or, as a result of the Plaintiff’s failure or poor construction of the instant construction, shall be KRW 19,30,000 for personnel expenses from June 15, 2014 to July 20, 2014, and ②.

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