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(영문) 수원지방법원안산지원 2020.10.08 2018가합11005
용역대금 등 청구의 소
Text

1. The Defendant’s KRW 503,130,549 as well as the Plaintiff’s annual rate of 6% from January 15, 2019 to October 8, 2020, and the following.

Reasons

1. Basic facts

A. The plaintiff is a company with the purpose of the Boing Gingging and Ming Business (Sing-Sing and Reinforcement Business) and the defendant is a company with the purpose of dismantling structures.

B. The Defendant was awarded a subcontract for the basic processing works (hereinafter “instant construction works”) among D Corporation Co., Ltd. (hereinafter “original office building”).

C. On July 20, 2018, the Plaintiff and the Defendant entered into a contract with the content stipulated in the separate service agreement regarding the instant construction project (hereinafter “instant contract”), and the construction cost column of the said agreement states that “in 242,950,000 won/months, additional tax is n.e., n., n., n.e., n., n., n.e., n., n., n.e., n., n., n.e., n., n.e., n., n.e., n., n., n.e., n., n.

According to the instant contract, the Plaintiff, from July 30, 2018 to October 15, 2018, input of equipment, such as tent and injecting pumps, and human resources to operate such equipment, and conducted a low liquidity slope.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 4, witness E and F's testimony, purport of whole pleading

2. Judgment on the ground of the Plaintiff’s claim

A. Under the instant contract, the purport of the Plaintiff’s assertion: (a) the Plaintiff conducted work from July 30, 2018 to October 14, 2018; and (b) during the nine-day period, work was conducted at night; and (c) the service payment to be paid by the Defendant is KRW 643,817,50 in total (excluding value-added tax).

The Plaintiff received KRW 110,00,000 from the Defendant’s service payment, and agreed to deduct KRW 54,065,182 directly borne by the Defendant from the service payment.

Therefore, the defendant is obligated to pay to the plaintiff 527,727,549 won and damages for delay added to value-added tax to the remaining service cost.

B. Determination 1: (a) 15 months from July 30, 2018 to October 14, 2018.

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