logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2017.06.09 2016가단203925
공사대금
Text

1. The Defendant’s KRW 105,411,783 as well as the Plaintiff’s annual rate of KRW 6% from July 1, 2015 to June 9, 2017, and the following.

Reasons

1. Facts of recognition;

A. On March 12, 2015, the Defendant, among the construction works of Pyeongtaek-si apartment construction, subcontracted to the Plaintiff the construction cost of KRW 380 million, the construction period of KRW 10 million, and the construction cost of KRW 10 million from October 13, 2014 to June 30, 2015, included the costs of materials, such as materials, labor costs, and the construction cost of food services. The Defendant agreed to deduct the Plaintiff from the construction cost.

B. The Plaintiff completed the instant construction work on or around the end of June 2015, and was paid by the Defendant ten times from March 12, 2015 to August 21, 2015 totaling KRW 158,500,000 as the construction cost.

C. As to the instant construction project, the Defendant paid on behalf of the Plaintiff KRW 42,352,167, and labor costs of KRW 20 million (C), etc. totaling KRW 53,736,050 ( KRW 36,416,050) out of the construction costs for crowdfunding 1,320,000 ( KRW 16,00,000).

[Basis] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, Eul evidence No. 2-2, 3, and 6, the purport of the whole pleadings

2. As long as there is no evidence to prove that the Plaintiff and the Defendant agreed to deduct the construction cost of KRW 60 million from the agreed construction cost of the part executed by the former subcontractor (main subcontractor) during the instant construction project, the contract construction cost of this case, which serves as the basis for settlement, shall be KRW 380 million, and the contract construction cost of this case, which is the basis for settlement, shall be deducted from the contract price of this case paid by the Defendant directly or indirectly.

It is insufficient to recognize that the Defendant paid the total of KRW 48,417,50 in addition to the material cost and labor cost related to the construction of this case in excess of the above recognized amount solely on the basis of the partial description of subparagraph 1 and the each description of subparagraph 2-2, 4, and 5 of subparagraph 2, and there is no other evidence to acknowledge this otherwise.

The plaintiff and the defendant have the inside wall of the new apartment.

arrow