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(영문) 서울서부지방법원 2015.09.11 2014가단43598
공사대금
Text

1. The Defendant’s KRW 67,853,00 for the Plaintiff and its related KRW 5% per annum from October 7, 2014 to September 11, 2015 and September 12, 2015.

Reasons

1. Facts of recognition;

A. The Plaintiff and B subcontracted the instant construction work of reinforced concrete and mold processing assembly from the Defendant to the fifth floor above the ground among the structural construction works of framed Construction Works in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu and 17 parcel (hereinafter “instant construction work”). From September 5, 2012, from around September 5, 2012, the Plaintiff and the Defendant renounced the said construction work as a matter of the construction cost on January 2013.

Accordingly, the Plaintiff and the Defendant settled the above construction cost by directly paying the personnel expenses incurred at the construction site until they abandon the above construction work.

B. The Plaintiff leased the temporary materials necessary for the instant construction from D (hereinafter “the instant temporary materials”). At the time of the Plaintiff’s waiver of the instant construction, the Plaintiff requested the Defendant to accept the instant temporary materials in a fixed manner from the Plaintiff and conclude a temporary re-lease agreement with D, but the Defendant continued to use the said temporary materials at the said construction site without paying rent for the temporary materials that occurred during the period.

C. Meanwhile, the Defendant paid D KRW 10,000,000 in total, including KRW 5,000,000 on January 3, 2013 and KRW 5,000,00 on January 11, 2013.

The Defendant completed the structural construction of the instant construction up to the fourth floor above the ground during the instant construction, but suspended the said construction due to disputes over the construction cost arising between Sung-ho Comprehensive Construction Company and the owner of the instant construction and the owner.

Accordingly, the defendant claimed for the payment of the delay damages for the temporary materials of this case against the Hoho General Construction.

E. Since September 30, 2013, Samhwa General Construction Co., Ltd. performed the remaining construction upon contract. During that process, the Plaintiff entered into a lease agreement that the instant temporary materials are leased from September 1, 2013 between Samhwa General Construction Co., Ltd.

Grounds for Recognition: Facts without dispute, Gap evidence 2, 4, 5, Gap evidence 9-1 through 29, Eul.

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