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(영문) 의정부지방법원 2019.10.30 2018가합53948

공사대금

Text

1. The Defendant’s KRW 353,763,747 as well as 5% per annum from October 22, 2014 to June 8, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 2012, the Plaintiff entered into a subcontract with the Defendant for the construction cost of KRW 370,000,000 for remote areas and floor construction among the construction works for the new construction of apartment houses on the 11st parcel of land, other than C, Nam-si, Nam-si, 201, and completed the above floor and floor construction around October 2013.

B. Around August 2014, the Plaintiff was awarded a subcontract with the Defendant for a remote area and floor floor construction related to the Gurisi E housing in KRW 5,608,800, and completed the construction of the above floor and floor construction on September 29, 2014.

C. On October 2014, the Plaintiff was the Defendant and the Defendant as the Defendant.

On October 21, 2014, the 3,763,747 repair contract for the D tenement housing stated in the paragraph was concluded, and the 3,763,747 was completed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above findings of the determination as to the cause of the claim, unless there are other special circumstances, the defendant's total construction cost of KRW 359,372,547 (=350 million for the unpaid construction cost of KRW 1-A.) to the plaintiff (=1-A).

The construction cost of KRW 370 million - the plaintiff is obligated to pay KRW 20 million + 1-b. the construction cost of KRW 5,608,800 + the construction cost of KRW 1-c. the construction cost of KRW 3,763,747) and the delay damages.

B. The defendant's defense of extinctive prescription 1) The defendant defense that the above claim for the construction price has expired by extinctive prescription. However, pursuant to Article 163 subparagraph 3 of the Civil Act, the period of extinctive prescription is three years, and the completion date of construction as claimed by the plaintiff (Article 1-1).

The completion date of construction of a port shall be October 2013, 1-b.

The completion date of construction of a port shall be September 29, 2014, and 1-C.

The completion date of construction of a port is October 21, 2014.

(2) However, in full view of each description of evidence Nos. 4 through 10, the Plaintiff is deemed to have filed the instant lawsuit on May 31, 2018, for which three years have passed since the filing of the instant lawsuit.