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(영문) 청주지방법원 2019.03.21 2018가단36793
공사대금
Text

1. The Defendant’s KRW 123,511,00 for the Plaintiff and 6% per annum from October 1, 2018 to December 3, 2018, and the following.

Reasons

On May 8, 2018, the Defendant: (a) purchased machinery and equipment that had been located in the Republic of Korea and transferred to the Defendant’s factory in the Gacheon-gun; (b) contracted the Plaintiff for dismantling or relocating machinery and equipment (hereinafter “instant construction”) with the purchase price of KRW 100,760,00 (value-Added Tax Separate); (c) the Plaintiff incurred additional costs due to the delay in the Plaintiff’s construction work as the Defendant did not timely pay the purchase price of the machinery subject to decommissioning or transfer; and (d) the Defendant agreed to increase the construction price of the instant case to KRW 10,00,000 upon the Plaintiff’s request other than the instant construction; (c) the Plaintiff performed additional construction work at the Plaintiff’s request (hereinafter “additional construction”); and (d) the Defendant agreed to pay KRW 38,280,000 (value-Added Tax separately); and (d) the Plaintiff did not dispute the completion of the instant additional construction work or agreed to provide the entire testimony or presentation to the Plaintiff as a whole.

Therefore, the Defendant, barring special circumstances, has the obligation to pay the Plaintiff 121,836,00 won for the instant construction cost [=(10,760,000 won for the original contract price of 100,000 won) x 1.1] of the additional construction cost of 42,108,000 won (38,280,000 won x 1.1.00 won for the additional construction cost of 40,43,000 won less the remainder of 123,511,000 won (121,836,000 won) (42,08,000-40,43,000 won) and damages for delay calculated from October 1, 2018 to December 6, 2018, respectively.

For this, the defendant shall enter into a mutual contract through a written objection against the payment order.

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