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(영문) 부산지방법원 2017.08.08 2016가단317906
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 87,00,000 and the interest rate of KRW 15% per annum from May 20, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. A. On March 16, 2015, the Defendant subcontracted the construction work for ethyl joint construction works in the form of KRW 467,500,000,000,000 from among the new construction works in the Daegu Northern-gu CD, Daegu-gu. On June 2015, the Plaintiff continued to perform the construction work by re-subcontracting a part of the said construction works in the amount of KRW 363,00,000 from the non-party company and received the construction payment from the non-party company from around September 2015. The Defendant received the construction payment from the Defendant in accordance with the direct payment agreement.

B. On the other hand, around June 2015, the Plaintiff was awarded a subcontract to the White Panel Corporation from the Defendant.

C. On January 1, 2016, the Plaintiff completed the construction work. The Plaintiff demanded the increase in the construction price on the grounds of processing the requirements of the owner, correcting the semi-finished goods supply and error of the windows equipment, and additional construction. On February 10, 2016, E, the Defendant’s on-site manager, prepared a statement of wage settlement that the Plaintiff adjusts the total construction price to KRW 600 million with the unit price of daily wage of KRW 2.10 million, which is the Plaintiff’s on-site manager.

Since May 2015, F, who had worked as the defendant's on-site agent from May 2015 to January 28, 2016, signed the above wage settlement statement. D.

The sum of the construction costs that the Plaintiff received from the non-party company or the Defendant is KRW 513 billion.

[Ground of recognition] Unsatisfy, Gap evidence 4, 5, 8, Eul evidence 1, witness F's testimony, the purport of whole pleadings

2. According to the above facts, the Plaintiff, who completed the construction, settled the total construction cost of KRW 60 million with the Defendant, but received only KRW 513 million, so the Defendant is obligated to pay the Plaintiff the construction cost of KRW 87 million (i.e., KRW 60 million - KRW 513 million) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 20, 2016 to the date of full payment, as sought by the Plaintiff after the completion date of construction.

2.3.

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