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(영문) 대전지방법원 2017.08.17 2015가단38825
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 122,20,000 as well as 22% per annum from August 16, 2015 to the date of full payment.

Reasons

Facts of recognition

The following facts are not in dispute between the parties, or in light of the results of the fact inquiry about Gap's evidence Nos. 1 through 5, Eul's evidence Nos. 9 and 10, Eul's witness's testimony and Eul's Co., Ltd. (hereinafter "Abee"), the whole purport of the arguments can be acknowledged, and the results of the fact inquiry about Abee's testimony and part of Abee's fact inquiry about Abee's testimony, which seems contrary to this, are not believed, and there is no other counter-proof.

Around April 2014, the Plaintiff was awarded a contract with Seongdong-gu Seoul E (hereinafter “instant building”) for the instant interior works (hereinafter “the instant interior works”) from Abeta, and around May 1, 2014, the Plaintiff commenced the instant interior works and completed the instant interior works around August 23, 2014.

B. Around August 2014, the Plaintiff and Abeened set the construction cost of the instant interior services in total at KRW 230,500,000 (excluding value-added tax) through an amendment to the said contract.

C. On the other hand, on May 13, 2014, the Plaintiff was awarded a contract for air conditioners with respect to heating and cooling equipment construction (hereinafter “instant air conditioners”) 801 to 804 of the instant building, in addition to the instant artificial condition, from ASEAN around May 13, 2014, for construction cost of KRW 19.8 million (excluding value-added tax).

Plaintiff

Around that time, the representative F subcontracted the instant heating and cooling system construction work to ELS Co., Ltd. (hereinafter “ELS”) for KRW 20 million, and the ELS system completed the said construction work around August 23, 2014.

Since then, on April 21, 2015, ASEAN and the Defendant, on behalf of ASEAN and the Defendant, paid the Plaintiff a total of KRW 1229,200,000,000 for KRW 3 million among them up to April 24, 2015, and the remainder amount shall be paid in installments from May 7, 2015 to July 7, 2016, as KRW 10,000,000,000 from May 7, 2015 to July 7, 2016.

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