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(영문) 의정부지방법원고양지원 2020.12.17 2020가단5290
공사대금
Text

The defendant's KRW 15,435,796 for the plaintiff and its 5% per annum from February 11, 2020 to December 17, 2020, and the following.

Reasons

1. The Defendant was awarded a contract from C for the installation of a tent and the installation of a tent in the place where a tent in custody is kept in a luminous-si C factory located in Gwangju, and subcontracted the steel frame construction among them to the Plaintiff.

(2) Each of the above construction works (hereinafter referred to as the “Gongmpt Construction”). In the course of the Plaintiff’s performance of the Park Park and Gongmpt Construction, materials, etc., the Defendant directly ordered it through E, etc. and provided it to the Plaintiff. The Defendant directly paid the material costs and processing costs to the Plaintiff.

Meanwhile, after receiving a contract from F to the Plaintiff for the construction of hydrogen charging station located in Gangdong-gu Seoul Metropolitan Government, the Defendant subcontracted the steel framed construction to the Plaintiff.

(2) The Plaintiff provided the first Defendant with a detailed statement of construction work, and the Plaintiff also provided a pole protection stand, pipe pipe, connecting pipe, and water duct, etc., which are irrelevant to the respective specifications while performing each of the instant construction works.

The plaintiff completed the construction work on February 10, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 12, Eul evidence 1 to 14, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the contract construction cost of each construction of the instant case is KRW 194,368,648.

However, upon the Defendant’s request, an additional construction work equivalent to KRW 8,441,840 for the Sticking Work, KRW 13,664,816 for the Sticking Work, and KRW 165,00 for the Sticking Work, which is equivalent to KRW 22,271,656 for the Defendant’s additional construction work.

However, the Defendant paid 189,93,232 won in total as labor cost, material cost, equipment cost, etc. (22,271,66,135 won in public boxes construction works, 68,46,135 won, and 23,705,780 won in hydrogen charging construction works) in each of the instant construction works. As such, 26,647,072 won in difference = 194,368,648 won in total as 22,271,656 won.

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