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(영문) 서울남부지방법원 2016.09.23 2015가단55162
공사대금
Text

1. The Defendant’s KRW 24,560,00 and the Plaintiff’s annual rate of KRW 15% from December 28, 2015 to the full payment.

Reasons

1. Basic facts

A. The Plaintiff is a company primarily engaged in electrical construction business, and the Defendant is a company that manufactures and leases construction machinery and operates aggregate sorting business.

B. Around August 2014, the Defendant: (a) leased crackers (construction machinery) to the Chungcheong Red-gun B site of the Jungwon Industries Co., Ltd. (hereinafter “China Industry”); and (b) deposited the electrical construction for the supply of electric power resources to the Plaintiff at KRW 11 million (in the absence of any special provision, value-added tax and value-added tax; hereinafter the same shall apply); and (c) the Plaintiff completed electrical construction on November 2014.

Meanwhile, the Plaintiff submitted a written estimate of KRW 3.7 million to the Defendant with regard to electrical construction for the supply of electric power units at the above red field, and completed the written estimate on November 201, 2014, along with the electrical construction for the supply of electric power units.

C. On December 13, 2014, the Plaintiff completed the construction on the 25th of the same month after submitting a written estimate of KRW 7,100,00 in relation to electrical construction for the supply of electric power to the Boan Quarrying, which is a site for gathering earth, sand, and rock, which is conducted by the Defendant (hereinafter “ Boan Quarrying”) and completed the construction on the 25th of the same month. In addition, the Plaintiff completed electrical construction, which is a power plant supply, a field electric power distribution, and a distribution unit distribution, at the above

[Reasons for Recognition] Facts that there is no dispute between the parties, Gap evidence Nos. 1, 2, 3 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. The plaintiff asserts that the plaintiff is liable to pay the plaintiff the unpaid construction price of KRW 24560,00 and damages for delay since he/she entered into a verbal contract with the defendant and completed the electrical construction of the Hongsung and Bosae-be.

Accordingly, the Defendant recognized that the Defendant entered into a verbal contract with the Plaintiff for the i-electric power supply electrical construction cost of KRW 11 million with respect to the red field, but it promised to reduce the construction cost by identifying the remaining electric wires to the Defendant who set up the contract after construction, such as excessive electric wires after construction.

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