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(영문) 부산지방법원 2016.04.28 2015가단37357

공사대금

Text

1. The Defendant shall pay KRW 20 million to the Plaintiff at the rate of 15% per annum from June 19, 2015 to the date of full payment.

Reasons

1. The fact that the plaintiff was awarded a subcontract for the civil and incidental civil works among the new construction works of 641-2 ground officetels (urban housing; hereinafter “instant building”) in Nam-dong, Nam-gu, Busan (hereinafter “the instant building”) may be acknowledged as having a dispute between the parties, or by taking full account of the overall purport of pleadings in each description or image of Gap evidence Nos. 2 and 6 (including paper numbers; hereinafter the same shall apply).

2. The assertion and judgment

A. The gist of the parties’ assertion (1) The Plaintiff was awarded a subcontract for civil works and ancillary civil works by the Korea Comprehensive Construction Co., Ltd. (hereinafter “Korea Comprehensive Construction”), which is the initial contractor of the instant building, and the construction was interrupted due to the circumstances of comprehensive construction in Korea, etc., and the construction was completed on July 7, 2014 between the Defendant who succeeded to the status of the contractor and the Defendant, who was awarded a subcontract for the remaining civil works and ancillary civil works in KRW 200 million.

Therefore, the defendant is obliged to pay the plaintiff the construction cost of KRW 20 million and delay damages.

(2) On June 14, 2014, the Defendant entered into a subcontract between the Plaintiff and the Plaintiff for the remaining civil works and ancillary civil works among the new construction works of the instant building at a price of KRW 100 million. The payment for the portion that the Plaintiff performed is limited to KRW 60 million, and the incidental civil works are not yet completed.

B. (1) The following facts may be acknowledged in full view of the purport of the entire pleadings in the statements in Gap evidence Nos. 3, 5, and 8, and contrary to the above, each statement in the evidence Nos. 1 and 3 is likely to be trusted, and there is no other counter-proof.

(A) On February 13, 2013, the Plaintiff was awarded a subcontract for civil engineering works and ancillary civil engineering works from the comprehensive construction in Korea, where the construction of the instant building was performed, and the construction was suspended due to the circumstances of comprehensive construction in Korea. The Plaintiff’s construction of the instant building was conducted on March 2014.