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(영문) 서울중앙지방법원 2015.10.07 2014가합553578
공사대금
Text

1. As for the construction of Defendant Incorporated, KRW 170,170,000 for the Plaintiff and the Plaintiff’s construction thereof from July 19, 2014 to August 5, 2014.

Reasons

1. Basic facts

A. On July 23, 2012, Defendant A and B (hereinafter “Defendant”) entered into a contract with the Defendant Company Construction (hereinafter “Defendant Company”) under which the instant construction works were newly built in Seo-gu Incheon, Seo-gu, Incheon (hereinafter “instant construction works”) as KRW 9,735,00,000 (including value-added tax; hereinafter the same shall apply) after 15 months from the date of commencement of the completion of the instant construction works, and the contract amount was determined as KRW 9,735,00,000 (including value-added tax).

(hereinafter referred to as “the instant contract”). (b)

On November 20, 2012, the Defendant Company entered into a contract between the Plaintiff and the Plaintiff to subcontract the strawing and outer finishing works of the instant construction works (hereinafter “instant subcontract”). On July 19, 2013, the Defendant Company entered into a modified contract on the said subcontract.

(hereinafter referred to as the “instant subcontract”). The construction cost under the said subcontract is a total of KRW 561,00,000,000, and the construction period is from November 25, 2012 to January 31, 2014.

C. The Plaintiff completed all the construction works except for the outer finishing construction among the instant subcontracted construction works (al.e., approximately 95% of the total process), and accordingly, the Plaintiff incurred a total of KRW 471,790,000 for progress payment.

On March 19, 2014, the Plaintiff filed a claim against the Defendants for the payment of the subcontract price, and again, on July 14, 2014, demanded the Defendant owner to pay the said subcontract price by July 18, 2014.

E. On September 3, 2014, the Plaintiff received KRW 301,620,000 out of the subcontract price of the instant case from the Defendant owner.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, 7 through 9 (including paper numbers; hereinafter the same shall apply), Eul evidence 4 and 5, and the purport of the whole pleadings

2. According to the facts of the above recognition as to the claim against the Defendant Company, the Defendant Company: (a) KRW 170,170,000, out of the progress payment of the subcontracted project in this case (i.e., KRW 471,790,000 - KRW 301,620,000); and (b) as to this, the Plaintiff.

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