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(영문) 전주지방법원 2017.11.10 2016가단35675
공사대금
Text

1. The Defendant’s KRW 40,384,781 as well as the Plaintiff’s KRW 6% per annum from April 1, 2016 to November 10, 2017; and on November 11, 2017.

Reasons

1. Basic facts

A. On September 10, 2015, the Defendant concluded a contract for the “A Extension Works” ordered by the Hyundai Lao Bank Co., Ltd.

B. On November 24, 2015, the Plaintiff is above-mentioned.

With respect to some of the construction works described in the subsection, a subcontract was entered into with the following terms under the standard contract for private construction works:

Labor cost of KRW 45,789,717, value-added tax of KRW 103,00 (including value-added tax), labor cost of KRW 9,386,636,40,00 (including value-added tax) for the electrical construction period from November 25, 2015 to December 30, 2015, from November 25, 2015, to December 30, 2015, the contract period of the electrical construction works for the improvement of the central foundation of the electrical construction of the name of the construction project, 3,204,40,49, value-added tax of KRW 45,789,717, and value-added tax of KRW 9,386,636,00 (including value-added tax) for labor cost of KRW 5,40

C. A modification was made to the effect that the amount equivalent to KRW 10,577,607 of the construction cost has increased while the Plaintiff was performing the construction work under the subcontract, and thereafter, the Plaintiff completed the subcontracted construction work at the end of March 2016.

The Defendant completed construction around March 31, 2016, and submitted a completion report to Hyundai Mym Bank Co., Ltd., a main contractor on April 1, 2016, and claimed the payment of completion completion money, and received all the construction payment.

E. On February 5, 2016, the Plaintiff received construction cost of KRW 77 million from the Defendant.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1 to 6 evidence, purport of the whole pleadings

2. Determination

A. Determination as to the cause of the claim 1) The Plaintiff claims against the Defendant for the remainder of 52,88,586 won, excluding the amount of KRW 31,470,00 (including the additional tax), the amount of construction cost due to design modification 11,635,368 (including the additional tax), the amount of construction cost due to design modification 975,804 won (including the additional tax), indirect cost of KRW 11,528,00 (including the additional tax), and indirect cost of KRW 11,528,586 (including the additional tax) and the remainder of KRW 52,88,586,00 (including the additional tax). 2) The unpaid construction cost is calculated as KRW 31,470,00 (including the additional tax): 103,000,000, 470,000 - 7,000,000 / the amount of construction cost due to design modification / [the evidence mentioned above]

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