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(영문) 수원지방법원 2016.05.19 2015가단123449
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 31,50,000 and interest rate of KRW 15% per annum from June 9, 2015 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff received a contract from the Defendant for the steel frame construction (hereinafter referred to as the “instant construction”) as indicated below, and completed it in line with the construction period.

The construction cost (including value-added tax) for the construction work of a king-dong factory No. 1 A 5,000,000 won for the new construction of the king-dong factory No. 1 A on October 1, 2014, and KRW 2 B B on October 15, 2014, the new construction of the king-dong Factory No. 15,400,000 won for the three king-dong neighborhood living facilities on December 1, 2014; KRW 46,00,000 for the new construction of the king-dong neighborhood living facilities C on April 16, 2015.

B. The Defendant’s employees D signed all the above construction contracts on behalf of the Defendant.

C. D and the Plaintiff agreed to settle the construction cost as KRW 15,00,000 in the table 2.

The Defendant paid the Plaintiff KRW 121,00,000,000 in total, from October 18, 2014 to September 24, 2015.

[Reasons for Recognition] Facts without dispute, Gap 1 and 2 evidence, each entry in 1 and 2, witness D's partial testimony, the purport of the whole pleadings

2. The plaintiff asserts that the defendant is obligated to pay to the plaintiff the total amount of KRW 152,50,000 for the construction of this case (= KRW 55,000,000 for KRW 15,000 for KRW 15,000 for KRW 66,500,000 for KRW 16,500 for KRW 16,500 for the construction of this case). Thus, the plaintiff is obligated to pay to the plaintiff the unpaid KRW 31,50,000 for KRW 31,50 for the unpaid amount (=the above KRW 152,50,000 for KRW 121,00 for the paid amount).

The defendant asserts that D is not obligated to pay KRW 15,00,000 to the plaintiff, since D was individually awarded a contract for the construction work Nos. 2 among the instant construction works, but D was aware that D was aware that it was the contracting party, and the plaintiff was not the defendant. Thus, the parties to the said construction contract are the plaintiff and D, and the defendant did not bear the obligation to pay KRW 15,00,000.

3. The testimony of the witness D, consistent with the Defendant’s argument, cannot be believed, and the statement of the evidence Nos. 5 and 6 alone is insufficient to recognize it, and there is no other evidence.

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