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(영문) 서울서부지방법원 2019.05.24 2017가단23441
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 86,349,175 to the Plaintiff (Counterclaim Defendant) and its related amount from May 1, 2016 to July 6, 2018.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. 1) On January 5, 2016, the Plaintiff was awarded a contract with the F Hospital’s 45th floor (which is located in the hospital and the post-care center directly operated by the hospital) of the F Hospital’s Extraordinary-dong 45th floor (which is located in the hospital and the post-care center directly operated by the hospital) located in Seongbuk-gu G from the side of the F Hospital, and the Defendant awarded the Defendant a subcontract with the entire construction cost of KRW 1.125 million (excluding value-added tax) to the Defendant.

B. On January 21, 2016, the Plaintiff received respectively sub-subcontracts from the Defendant on an electrical construction cost of KRW 98 million (excluding value-added tax) for the said interior works, and on an installation cost of KRW 162 million (excluding value-added tax) for the installation works.

In addition, the plaintiff was re-subcontracted by the defendant to the cost of fire-fighting and electrical construction 29 million won (excluding value-added tax) among the above interior works.

C. On April 2016, the Plaintiff completed electrical construction, machinery and equipment construction, and fire and electrical construction.

The plaintiff did not receive from the defendant the amount of KRW 1,764,00 among the electrical construction costs, KRW 3,1160,000 among the amount of mechanical facility construction works, and KRW 29,000,000 from the defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 6 through 8, 16 (including branch numbers in the case of provisional number; hereinafter the same shall apply), Eul evidence Nos. 1, 18, and 25, or the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of recognition on the claim for the payment of KRW 17.64 million for electrical construction costs, KRW 31.16 million for mechanical facility construction costs, and KRW 29 million for fire-fighting and electrical construction costs, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 7.7.8 million for each of the above construction costs (= KRW 3.764 million for KRW 31.1.6 million for KRW 29 million) and damages for delay, barring any special circumstance.

B. On April 2016, 2016, the plaintiff himself/herself made a decision on the claim for the payment of KRW 3.6 million for out-of-the-counter electric power construction costs of EHP.

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