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Reasons
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(영문) 서울중앙지방법원 2018.09.12 2018가합507894
공사대금
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1. The Defendant’s KRW 56,375,971 to the Plaintiff and its related KRW 6% per annum from February 22, 2018 to September 12, 2018, and the next day.

Reasons

1. Facts of recognition;

A. 1) The Defendant has entered into a subcontract for construction works with respect to A) The Defendant is the Coul Global Corporation (hereinafter “Coulum”).

(A) On February 24, 2017 following the supply of and demand for new A construction works from the Plaintiff, KRW 140,000 (value-added tax; hereinafter the same shall apply) among the new construction works to the Plaintiff.

(2) On September 2, 2017, the Plaintiff subcontracted the wood processing work in KRW 313,000,000, respectively, and subcontracted the wood processing work in KRW 45,000,000 to March 2, 2017. (2) By September 2017, the Plaintiff performed the wood processing work, wood dressing work, and wood processing work (hereinafter “A”) in accordance with each of the above subcontracting agreements.

B. On February 2017, the Defendant, which entered into a subcontract for the construction of a new Cheongsung Tri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (hereinafter “Sa-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-mul (hereinafter “Sa-ri-ri-ri-ri-ri-ri-mul) subcontract to the Plaintiff in KRW 110,00,00

C. The Plaintiff’s claim for the construction cost against the Defendant was filed with the Defendant for the payment of the unpaid construction cost and the additional construction cost as indicated in the table below, but the Defendant respondeded to the effect that, as indicated in the table below, the amount of the construction cost cannot be recognized as claimed by the Plaintiff on January 17, 2018.

The Plaintiff asserted that the Defendant paid KRW 440,00,000 as A’s construction cost. However, according to the Defendant’s defense of performance, the Plaintiff’s payment of KRW 147,850,000 for wooden construction work except value-added tax; KRW 295,00,00 for wooden construction work; KRW 40,000 for wooden construction work cost; and KRW 482,850,000 for wooden construction work cost, can be recognized as above, since the Plaintiff’s payment of KRW 2-3 for wooden construction work is recognized.

(1) The contract amount shall be the amount which includes the amount of money in terms of the quantity of stock (Mock-up, sample, model).

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