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(영문) 광주지방법원 순천지원 2017.04.25 2015가단8494
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On September 2014, the Plaintiff agreed to perform construction works for the production of steel frame (hereinafter “instant construction works”) with D (hereinafter “Defendant, etc.”) operated by the Defendants as construction cost of KRW 225,500,000 (including value-added tax).

B. During the construction of this case, the Plaintiff agreed with the Defendants that the steel-frame production, painting, and transport work among the construction of this case are directly performed by the Defendants, and that the removal and construction work of the steel-frame should be done by the Defendants, and that the Plaintiff, among the painting work of T4 fairra, is limited to both the lower and the middle work, and the upper work should be performed by the Defendants.

The Plaintiff and the Defendants agreed to receive the construction cost actually entered into the said work from the Defendants, and the Plaintiff completed the said work on November 30, 2014.

C. On December 2014, the Plaintiff and the Defendants confirmed the construction cost actually entered into by item F, which is an employee of D, and agreed that a sum of KRW 170,323,847 (including value-added tax) as stated in the detailed statement of equipment costs and expendable items (Evidence A3) shall be the construction cost.

Meanwhile, on October 13, 2014, the Defendants paid KRW 61.5 million to the Plaintiff as the down payment, and thereafter, paid KRW 74 million on January 30, 2015, and the Plaintiff also issued a tax invoice of KRW 31,437,69 for the remainder of the construction cost.

E. Therefore, the Defendants are jointly and severally liable to pay 31,437,699 won and damages for delay for the remainder of the construction cost.

2. According to the evidence evidence Nos. 1 through 8, the Plaintiff spent KRW 170,323,847 in connection with the above construction work; the Plaintiff issued a tax invoice of KRW 31,437,69 in the D future on February 24, 2015; the Plaintiff was awarded a subcontract for the instant construction work with the Defendant, etc. around September 2014; the Plaintiff completed the said construction work on or around November 30, 2014; and the Defendants completed the construction work in the instant case.

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