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(영문) 인천지방법원 2018.07.06 2016가단57085
건설철거공사 하도급계약에 따른 미지급금
Text

1. Defendant B’s KRW 500,000 and annual interest thereon from April 1, 2016 to July 6, 2018, and the following:

Reasons

1. Facts of recognition;

A. On July 27, 2015, Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”) contracted the business of hotel labor in Jung-gu Seoul Special Metropolitan City E-building with D around July 27, 2015, and then subcontracted the removal and internal interior interior medicine work to Defendant B.

B. On September 1, 2015, the Plaintiff received re-subcontracts from Defendant B on the part of the removal of the said construction work (hereinafter “instant construction work”) at the price of KRW 64.9 million (including value-added tax), and the issuance of tax invoices and payment under an agreement to the name of the Defendant Company to the effect that the issuance of the tax invoices and the payment

(hereinafter “instant construction contract”). C.

Until November 19, 2015, the Plaintiff (F in charge of the construction site site) and Defendant B agreed to add jack jacks installation and removal and removal of jacks to the construction scope and to determine the total construction cost as value-added tax (including value-added tax of KRW 5.9 million) at the end of the compromise on the specific scope of the instant construction project and the payment of additional construction cost based on the drawings, estimates, and specifications of construction work.

On February 3, 2016, the Plaintiff completed the instant construction work according to the final agreement.

E. From September 2, 2015 to January 11, 2016, Defendant B paid the Plaintiff the total amount of KRW 77.9 million among the instant construction cost, and paid KRW 10 million on February 6, 2016 to G on behalf of the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 8, 9, 16, 18, Gap evidence Nos. 13, 14, and 15, Eul evidence Nos. 2, 4, 6, 13, 16, 22, 24, 28, 28, Eul evidence No. 3-1, 2, and 14-5, Eul evidence No. 14-1, 2, 3, 4, and 5 of Eul evidence No. 15-1, 15-2, 3, and 4, and the purport of the whole pleadings

2. The construction cost of the instant final agreement is KRW 88,400,000.

Gap evidence Nos. 4 through 7, 10, 11, 22, Eul evidence Nos. 5 and some testimony of witness F are insufficient to reverse the recognition.

In addition to the implementation of the additional construction and the original contract price of KRW 64.9 million, the Plaintiff and Defendant B in total = 126,380,000 = 31,80,000.

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