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(영문) 부산지방법원 동부지원 2018.06.20 2017가단12310

공사대금

Text

1. The Defendants jointly do so to the Plaintiff:

A. 41,110,000 won and its therefrom from August 23, 2017 to June 20, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of manufacturing and selling China’s Slves.

B. On November 7, 2016, the Plaintiff entered into a subcontract (hereinafter “instant subcontract”) with Defendant A Co., Ltd. (hereinafter “Defendant A”) on the terms that the Plaintiff would receive as follows:

【Standard Subcontract Form for Construction Works】

1. Project owner: The name of the Corporation: New construction of multi-family housing;

2. The name of the subcontracted project: The works to build heavy public slabs (hereinafter referred to as the “instant construction”).

3. Construction site: Yangsan-si C

4. Period: From November 8, 2016 to March 31, 2017;

5. Contract amount: 63,000,000 won.

9. Warranty liability rate: 3% 10. 11. 3 years: The rate of liquidated damages: 1/100 parties shall conclude this construction subcontract in accordance with the above contents and the separately attached construction subcontract terms, design drawings and specifications, and prepare two copies of each contract, respectively.

C. After that, the Plaintiff completed the instant construction.

On July 31, 2017, the Defendants drafted a letter of payment stating that the instant construction cost of KRW 63,000,000 shall be paid by August 22, 2017, in collaboration with D, in collaboration with D.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, and 3 (including paper numbers), the purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the Defendants jointly have the obligation to pay the Plaintiff the construction cost of KRW 63,000,000 and the delay damages therefrom, unless there are special circumstances.

B. Determination 1 as to the Defendants’ defenses 1) The Defendants asserted that they paid KRW 20 million to the Plaintiff on March 29, 2017. Therefore, there is no dispute between the parties that the Defendants paid KRW 20 million to the Plaintiff on March 29, 2017. Therefore, the aforementioned assertion by the Defendants is with merit. 2) The Defendants’ assertion on the deduction of liquidated damages as to the claim on the compensation for delay is subject to the agreement on the compensation for delay at the time of the instant subcontract.