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(영문) 부산지방법원 2017.03.07 2015가단81439
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 70,00,000 and the interest rate of KRW 15% per annum from December 8, 2015 to the date of complete payment.

Reasons

1. Determination on the cause of the claim

A. 1) On March 20, 2015, the Plaintiff is the Corporation for the Extension of the Integrated Office C located in the Defendant and Busan Seo-gu, Busan (hereinafter “instant Corporation”).

A) A subcontractor entered into a subcontract with the construction cost of KRW 572 million (including value-added tax) and the construction period from March 21, 2015 to July 31, 2015. The payment of the price was made in cash within 45 days after the end of each month, and the construction material was supplied by the Defendant. (2) The Plaintiff commenced the construction from March 25, 2015, and the Defendant did not pay wages, material expenses, etc., thereby suspending the progress of the construction.

On July 10, 2015, the Defendant prepared a written confirmation that the remaining construction cost shall be KRW 100 million to the Plaintiff on July 15, 2015, KRW 50 million between July 25, 2015, KRW 50 million from July 25, 2015 to July 31, 2015, and KRW 40 million from C upon the completion of construction work, and the payment shall be made in three installments (hereinafter “instant written confirmation”).

3) On August 19, 2015, the Defendant paid KRW 30 million to the Plaintiff. [The respective descriptions of evidence Nos. 2, 4, and 5, based on recognition, and the purport of the entire pleadings.]

B. In light of the fact that the construction of this case appears to have been completed on or around September 2015, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 70 million (= KRW 100 million of the confirmation document of this case – KRW 30 million) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 8, 2015 to the date of delivery of a copy of the complaint of this case as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion that the instant construction project was subcontracted to D, and D, which did not have a construction license, concluded a subcontract by lending the name of E Co., Ltd.

Moreover, the defendant concluded a subcontract with the plaintiff, which is only an individual, as the defendant.

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