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(영문) 서울동부지방법원 2021.03.30 2020가단127860
공사대금
Text

The defendant shall pay to the plaintiff KRW 49,200,000 as well as 6% per annum from May 31, 2019 to July 16, 2020 and the next day.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation that runs the electrical construction business, and the defendant is a corporation that runs the indoor interior interior decoration and construction business.

On March 2019, the Plaintiff received a request from the Defendant for the electrical construction, etc. of part of the 35th floor area and 36th floor area of the Seo-gu, Busan Metropolitan City (hereinafter “the construction site of this case”) from the Defendant in order to the end of the mid-term 2019.

B. Upon the Defendant’s request for an estimate of construction works, the Plaintiff issued a written estimate of KRW 45,800,000 for the estimated amount of KRW 45,00 ( separate value-added tax) to the Defendant, and commenced the construction from around April 2019 (hereinafter “this construction work”).

During the construction process, the Plaintiff received a demand from the Defendant to separately proceed with the 36th floor office line construction of the instant construction site, the electric power cable construction under the installation of a server room (communication equipment), the installation of the electric power distribution team, and the replacement of the opening and closing machine of E.P.S. room, and issued a estimate of 67,785,000 won for the estimated amount ( separate value added tax) to the Defendant. At the instant construction site, the Plaintiff carried out the said separate construction along with the instant construction site (hereinafter referred to as “a separate construction”).

Upon the Defendant’s request, the Plaintiff agreed to proceed with the fire-fighting work at the instant construction site, and delivered a estimate of KRW 8,566,500 (excluding value added tax) to the Defendant, and then carried out the fire-fighting work at the instant construction site, along with the said construction work and separate construction work (hereinafter “fire-fighting construction work”). E. After which the Plaintiff and the Defendant agreed to reduce the cost of the construction at KRW 49.5 million (including value added tax), separate construction cost of KRW 70.4 million (including value added tax), and the cost of the fire-fighting work at KRW 8.8 million (including value added tax) to each initial estimate. The Plaintiff completed the construction work at the instant construction site by May 30, 2019, both the construction work, separate construction work, and fire-fighting construction work at the instant construction site.

[Ground of recognition] Unsatisfy, Gap 1-4 evidence (including each number).

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