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(영문) 서울북부지방법원 2017.04.25 2016가단29156
공사대금
Text

1. The Defendant’s KRW 94,643,628 as well as the Plaintiff’s KRW 6% per annum from August 17, 2016 to April 25, 2017.

Reasons

1. Basic facts

A. The plaintiff is a company established for the purpose of specialized construction business, etc., and the defendant is a company established for the purpose of soil construction business.

B. Around September 16, 2015, the Plaintiff (subcontractor) consulted with the Defendant on the conclusion of a subcontract for the part of A4 block apartment construction works in the Hanam-si public housing zone (hereinafter “instant construction works”). In this regard, the Plaintiff submitted a written estimate to the Defendant stating “amount: 50,000,000,000” and “satisf :0,000 won (Won 550,00,000)” and “satisf :0,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

C. The Plaintiff and the Defendant entered into the instant subcontract, and accordingly, the Plaintiff performed the instant construction until November 2015. As a result, the remainder of the construction cost after deducting various expenses, etc. from the Plaintiff’s completion payment is KRW 546,643,628, and the Defendant paid KRW 452,00,000 among them.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5 (including a provisional number), the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserts that the Defendant is obligated to pay the unpaid construction cost (i.e., KRW 546,643,628 - KRW 452,00,00), and that the Defendant did not pay KRW 94,643,628 claimed by the Plaintiff. However, the Plaintiff asserts that the Defendant is obligated to pay only KRW 68,587,93,93, which deducts KRW 265,635,00,00 from the above amount from September 2015 to November 2015.

B. The Defendant rendered judgment to the Plaintiff.

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