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(영문) 광주지방법원 2020.12.22 2019가단538550
공사대금
Text

The defendant 35,920,192 won to the plaintiff and 6% per annum from November 10, 2020 to December 22, 2020 to the plaintiff.

Reasons

1. Facts of recognition;

A. On July 2, 2019, the Plaintiff is a human business operator who has completed business registration under the trade name of “C”, and the Defendant is a company that conducts the business of creating and installing a strings, furniture, etc.

B. The Plaintiff from July 1, 2018 to the same year

9. From November 1, 2018 to September 6, 2019, the Gwangju Mine Corporation (hereinafter referred to as the “instant Gwangju Corporation”) did construction work, such as Litch, at the construction site of the Gwangju Mine-gu D apartment, and completed defect repair or ex post facto management (A/S) construction from November 1 to September 6, 2019.

C. Around July 2019, the Plaintiff entered into a construction contract with the Defendant, and the construction cost of KRW 127,300,480 (including value-added tax) with the Plaintiff’s intention to install the said apartment in the construction site of the Jeonbuk-gun apartment (hereinafter “instant net construction contract”). On July 31, 2019, the Defendant paid KRW 15 million to the Plaintiff as the down payment. The Plaintiff discontinued construction work on the ground that the intermediate payment was not paid at the end of the end of the end of the period, and the said construction contract was revoked thereafter.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4, 9, 13, witness F, testimony of G and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion regarding the instant Gwangju Corporation was as follows: (a) in 2018, the Plaintiff entered into the instant Gwangju Corporation contract with the Defendant on the introduction of Gmanman in the middle of 2018; (b) the initial construction cost was KRW 129,279,00, including the introduction cost of G, KRW 12 million; and (c) the reprocessing cost, such as 10,000,000 won, which had arrived at the site due to erroneous production during the construction process, was added to KRW 139,279,000.

However, the Defendant paid the construction cost of KRW 40,992,00 for the first half of July 2018 and KRW 64,270,000 for the second half of August 2018 by means of direct payment to the second half of the wages, and KRW 64,270,00 for the second half of the construction work as part of the construction work A/S construction work as part of the Plaintiff, KRW 31,00,000 for the first half of July 31, 2019, and KRW 2 million on September 2, 2019, respectively.

Therefore, the defendant is therefore the plaintiff.

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