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(영문) 부산지방법원 동부지원 2018.06.20 2017가단213571
공사대금
Text

1. The Defendant’s KRW 159,141,00 for the Plaintiff and 6% per annum from August 1, 2017 to May 14, 2018.

Reasons

1.The following facts of recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 7, Eul evidence 1 (including branch numbers) and the whole purport of the pleadings:

1) On May 11, 2016, the Plaintiff: (a) the Electric and Communications Corporation (hereinafter referred to as “First Corporation”) among the construction works for building B parking buildings on the A’s ground from the Defendant in Gyeyang-si; (b) the additional construction works, including the following additional construction works:

(2) On June 5, 2017, the Plaintiff subcontracted the foregoing B parking building to KRW 4,070,000 (including value-added tax) and completed the construction.

3) The Plaintiff received KRW 259,060,00 out of the total construction cost of the said 1 construction project (i.e., KRW 335,50,000,000) (i.e., KRW 4,070,000). 4) The Plaintiff was a person who did not perform a construction project connected to underground collection sewage pipes equivalent to KRW 400,000 among the said 1 construction project.

B. On October 15, 2016, the Plaintiff: (a) on October 15, 2016, from the Defendant Kimhae-si and five parcels of land D Hospital Extension Works, the Corporation for Electric Equipment A, Dong (extension) among the Construction Works for Electric Equipment A (extension) from the Defendant; and (b) on October 201

(2) On May 15, 2017, the Plaintiff was paid KRW 88,00,000,000 among the construction cost. (2) In addition, on May 15, 2017, the Plaintiff was paid KRW 56,00,000 out of the construction cost.

C. On August 2016, the Plaintiff of the 3rd Construction Work completed construction works by subcontracting 10,222,400 won for temporary electrical construction and contact with the E-building (hereinafter “third construction”) from the Defendant (hereinafter “the 3rd Construction Work”) and was paid KRW 4,00,000 out of the construction cost.

On November 2016, the Plaintiff of the 4nd Corporation completed construction works by subcontracting the temporary electrical construction (hereinafter referred to as “the 4nd Corporation”) from the Defendant in the Industrial Complex with the amount of KRW 2,308,600 (excluding value-added tax).

2. Determination: Ga. Ga.

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