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(영문) 광주지방법원순천지원 2015.07.17 2014가단72399
공사대금
Text

1. The Defendant’s KRW 11,173,450 for the Plaintiff and KRW 5% per annum from May 16, 2014 to July 17, 2015.

Reasons

1. Basic facts

A. On November 30, 201, the Plaintiff entered into a timber processing contract (hereinafter “instant contract”) with the Defendant (a de facto representative) on the part of the Korea-style Housing Corporation (A Dong, B Dong, and C Dong) that the Defendant constructed on the ground, such as the land D in Gyeongnam-gun, Gyeongnam-gun, with a timber processing agreement with the terms that the Plaintiff would designate as KRW 2,100 per wood as one material for wood and assemble timber (hereinafter “instant contract”).

B. The Defendant’s timber required amount of hanok Adong 73,062 and hanok B 77,702.

C. The Plaintiff completed all timber processing (famil and assembly) required for the new construction of hanok, but the Plaintiff was engaged in the processing of timber required for the new construction of hanok Adong.

As to the cause of such interruption, the plaintiff asserts that the defendant had ceased to change the way of construction from cement cutting to cement cutting, and the defendant asserted that the plaintiff was unable to perform construction works due to traffic accidents.

Meanwhile, the amount that the Plaintiff received from the Defendant in relation to wood processing is KRW 152,00,750 in Han-dong and KRW 54,300,00 in Han-dong.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5 (including branch numbers for those with serial numbers), Eul evidence Nos. 1, 2, and 3 (including branch numbers for those with serial numbers), the purport of the whole pleadings

2. Summary of the cause of the claim;

A. Under the Plaintiff’s completion of timber processing work for hanok A and B, the unpaid construction cost is 152,430,200 won (73,062 x 2,100 won) for hanok A and 163,174,200 won (77,702 x 2,100 won) for hanok B, while the Plaintiff completed the timber processing work for hanok B, the Defendant paid 152,00,750 won for the remainder of 11,173,450 won for the Plaintiff’s additional payment for KRW 16 million (1,60 million on October 17, 201) as claimed by the Defendant (200,000 won on January 5, 2012).

(163,174,200 - 152,00,750)

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