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(영문) 창원지방법원밀양지원 2020.02.12 2018가단1874
공사대금
Text

1. The Defendant’s KRW 50,250,000 and the Plaintiff’s annual rate of KRW 5% from September 19, 2019 to February 12, 2020.

Reasons

. On September 5, 2017, D, a contractor, entered into a subcontract with the Plaintiff, setting the subcontract price at KRW 200 million for the entire instant construction works.

B. The Plaintiff suspended the instant construction work on the ground that it did not receive the construction payment from D.

Accordingly, on December 18, 2017, the Plaintiff, the Defendant, and D et al. agreed to the following (Evidence A No. 2, No. 2, No. 1, and hereinafter “instant agreement”) and continued the instant construction.

Minutes (Intermediate Settlement Statements)

4. Total construction amount: Details of the payment made in terms of KRW 168 million.

1. Alley works;

1. Primary payment: 70 million won;

2. Interior-resistant works;

2. Secondary payment: 40 million won;

3. 10 million won in total of brickd construction works.

4. Yellow Dust Prevention Work.

5. Stopy materials;

6. Installation works:

7. Unclaimed construction works;

8. Meteorological works;

9. (Omission) 10. Acting 10. Acting on December 18, 2017, agreement was reached by Gap (D), Eul (Plaintiff) and witness (defendant) to undertake the said construction from December 18, 2017, and (hereinafter omitted) payment method* payment method for the completed portion

1. When the completion of each construction project is completed, A shall be paid by the owner under the confirmation of the owner (it shall not be claimed if there is any deficiencies in the confirmation of the owner); 2. Where A delays in paying the construction amount, B may be claimed by the owner;

C. As to the instant housing, approval for use was granted on August 7, 2018, and registration for ownership preservation was completed on August 20, 2018.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1, witness F's partial testimony and purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) Although the Plaintiff completed the instant construction, the Defendant paid the construction cost of KRW 130 million, out of KRW 168 million under the instant agreement. Accordingly, the Defendant shall pay the unpaid construction cost of KRW 38 million. 2) Upon receiving a demand for addition or alteration work from the Defendant, the Plaintiff shall add or alter the following contents.

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