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(영문) 청주지방법원 2016.08.11 2016가단2970
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from February 20, 2016 to the day of complete payment.

Reasons

1. Comprehensively taking account of the purport of the arguments in Gap evidence Nos. 1 and 3 as to the cause of the claim, the plaintiff entered into a modified contract with the defendant around August 2014, under which he/she received a contract with the defendant for the change of the construction cost of KRW 250 million among urban-type residential housing construction works located in Seosan-si, Seosan-si, to increase the construction cost of KRW 250 million between the defendant and KRW 250 million, but again on December 28, 2015, he/she again entered into a modified contract with the defendant to reduce the construction cost of KRW 215 million by 250 million. Meanwhile, the plaintiff received KRW 20 million from the defendant as above as the cause of the construction payment. According to the above acknowledged facts, the defendant is obligated to pay the plaintiff KRW 25 million (250 million -210 million - 250 million - 160 million interest interest rate from the next day of the lawsuit to the day of 21.5 million won.

2. As to the judgment of the defendant's assertion, it was true that the defendant contracted the part of the construction work as alleged by the defendant to the plaintiff, but it was merely a modified contract with the purport that C, an employee of the defendant, made a false increase in the construction cost, and the defendant paid all the construction cost pursuant to the normal construction contract to the plaintiff. However, it is not sufficient to acknowledge the fact only with the statement of Eul evidence 1, and there is no other evidence to acknowledge it. The defendant'

3. In conclusion, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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