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(영문) 의정부지방법원 2015.10.08 2014나11100
공사대금
Text

1. Of the judgment of the court of first instance, KRW 6,375,591 against the Plaintiff and the Plaintiff’s incidental thereto on April 11, 2014.

Reasons

1. Basic facts

A. From May 23, 2013, the Defendant: (a) the part of the “Pll Construction Work” among the “Search Team cafeteria Repair Work” contracted by the Army B from the Army; (b) the construction period from May 23, 2013 to the construction cost of KRW 11,00,000 (including KRW 1,00,000); and (c) the period of construction from May 23, 2013.

6. From June 11, 2013 to June 13, 2013, a subcontract was made to the Plaintiff with the end of 30.30,00 construction cost of KRW 37,561,70 (including surtax 3,414,700) and the construction period of KRW 37,561,70 (including surtax 3,414,70) and the same year from June 11, 2013

7. From the end of 15, the Plaintiff subcontracted to the Plaintiff.

(hereinafter referred to as “the instant construction”, “the construction of a panel,” and “the construction of a Dog and a forest facility,” respectively. (b)

In addition to the instant construction, the aforementioned “Search cafeteria repair work” was completed in entirety, and the Plaintiff additionally disbursed KRW 1,500,000 in additional construction cost (such as labor cost) during the process of performing the instant construction.

C. The Plaintiff was paid KRW 36,510,000 among the instant construction cost of KRW 48,561,700 (i.e., KRW 11,00,000,000) by the Defendant.

【Facts without dispute over the grounds for recognition, Gap evidence 1, 2, 7 and Eul evidence 1 and 3, video and the purport of the whole pleadings

2. Determination

A. (1) According to the facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 12,051,700 (i.e., KRW 48,561,700 - KRW 36,510,000) and the additional construction cost of KRW 1,50,000 (labor cost, etc.) that the Defendant is liable to pay to the Plaintiff, barring special circumstances.

(2) The Plaintiff paid 500,000 won for the instant construction on behalf of the Defendant, based on a subcontract agreement between the Plaintiff and the Defendant, for the purchase cost of the materials and KRW 360,000 for the purchase cost of the materials under a subcontract agreement between the Plaintiff and the Defendant.

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