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(영문) 광주지방법원 2018.05.18 2017가단512134
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 33,00,000 and the interest rate of KRW 15% per annum from May 30, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. Around November 6, 2015, C Co., Ltd. (hereinafter “Nonindicted Company”) subcontracted the construction cost of metal, windows, and glass works to the Defendant (including value-added tax) among the new construction works of “D neighborhood living facilities” (hereinafter “instant construction works”).

B. On December 30, 2015, the Plaintiff completed the construction of glass among the instant construction works, and issued a tax invoice equivalent to KRW 33,000,000 for the consideration for supply to the Defendant.

C. The non-party company paid the Defendant a total of KRW 125,000,000 as the construction price.

[Reasons for Recognition] Each entry in Gap evidence Nos. 1, 4, 5, 6, Eul evidence Nos. 1, 2, and 3 (including branch numbers), and the purport of the whole pleadings

2. The assertion and judgment of the party involved

A. The plaintiff asserts that since the plaintiff completed a sub-subcontract with regard to the glass construction among the instant construction works by the defendant, the defendant claims that the plaintiff should pay the price to the plaintiff, while the defendant asserts that the glass construction is irrelevant to himself/herself during the instant construction works, and that there was no re-subcontracting to the plaintiff during the instant construction works.

B. The above facts and macroscopic evidence reveal the following circumstances that can be seen by comprehensively taking into account the overall purport of arguments as to Gap evidence Nos. 3, 7, and 8. In other words, the defendant accepted a subcontract from the non-party company for all metal, windows, and glass works during the instant construction, and specified the contract amount as KRW 17,230,778,500 (excluding value-added tax) and KRW 40,000 (excluding value-added tax); the subcontract price for the part of the Defendant’s glass project is KRW 40,014,00 (excluding value-added tax); in light of such circumstances, the subcontract price for the part of the glass project claimed by the plaintiff is 30,00,000 (excluding value-added tax); the plaintiff and the defendant appear to exchange contact with each other with each other in connection with the instant construction project; and the non-party company most of the construction price including the favorable construction work to the defendant.

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