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(영문) 대구지방법원 2018.06.08 2017가합1695
공사대금
Text

1. The Defendant’s KRW 243,100,000 and the Plaintiff’s annual rate of KRW 6% from March 11, 2017 to June 8, 2018.

Reasons

1. Basic facts

A. On August 2014, the Plaintiff entered into a contract with C Co., Ltd. (hereinafter “C”) and D New Electrical Construction (including value-added tax) for the contract amount of KRW 226,60,000.

B. On December 1, 2014, the Defendant entered into a contract with C and D New Construction Costs of KRW 4,147,000 (including value-added tax). On May 11, 2015, the Defendant agreed to change the contract amount to KRW 4,373,60,000 (including an increase of KRW 226,60,000 in electrical construction costs and value-added tax) by adding the electrical construction volume to the said contract amount.

C. On May 14, 2015, the Plaintiff entered into a subcontract with the Defendant on the terms and conditions as follows (hereinafter “instant subcontract”).

Standard subcontract form of construction works

1. Project owner: Defendant prime contract name: New D construction;

2. Name of subcontracted construction business: Electrical construction;

3. Place of construction: Daegu-gu E

4. Construction period: Amount of contract on June 30, 201 June 30, 2015, which begins on May 21, 2015: KRW 226,60,000 (including value-added tax).

6. Payment of the price;

(a) Advance payment: No one; and

(b) Progressed amount: Payment as completed amount; and

(c) Construction completion amount: Payment according to the payment regulations after a loan on security is made after completion of the construction.

(1) Any plaintiff who is the principal contractor and the subcontractor, who is paid by the ordering person, within 15 days from the date of the adjustment in accordance with the contents and proportion of the adjustment within 30 days from the date of the adjustment;

D. On December 14, 2015, the Plaintiff submitted to the Defendant a statement of change of the total construction cost of the said electrical construction to KRW 243,100,000 (including value-added tax). The Plaintiff completed all construction works under the instant subcontract.

E. C completed registration of initial ownership of a building newly built by the said construction on March 8, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 2, 3, Eul evidence 2, 3, and 4 include the number.

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