(영문) 인천지방법원 2016.01.27 2015가단57859

공사대금 등


1. Defendant A’s KRW 28,300,000 as well as 5% per annum from February 18, 2015 to October 23, 2015, respectively, to the Plaintiff.


1. On March 10, 2014, the Plaintiff entered into a subcontract of KRW 267,300,000 (including value-added tax 10%, and the period for completion of construction and completion of construction works on four occasions according to the climatic process: June 20, 2014) for subcontracted construction, such as civil engineering, among the new construction works of the complex building located in Mapo-gu Seoul Metropolitan Government D (the ordering person: Defendant B) with Defendant A on March 10, 2014. The Plaintiff issued each tax invoice to Defendant A during the process of completion of the subcontracted construction and receipt of the price. Meanwhile, even if Defendant was paid the price of KRW 443,80,00 in total in excess of his own flag, the fact that the construction was completed on May 14, 2015 due to the failure to complete the construction works, including evidence Nos. 1 through 5, and evidence Nos. 1 through 3, 2015.

According to the above facts, Defendant A shall pay as part of the price equivalent to the value-added tax included in the above subcontract with the Plaintiff, and cannot set up against the Plaintiff, the contracting party, by separate agreement, etc. between itself and the ordering person. Thus, the above Defendant is obligated to pay damages for delay at a rate of 15% per annum as stipulated in the Civil Act from February 18, 2015 to October 23, 2015, which is the date following the completion date of the above subcontract, in this case where there is no dispute over the actual completion date of the above subcontracted project and there is no proof as to such dispute.

In regard to this, the above defendant refers to the defects such as the completion time limit and the failure of construction due to the plaintiff's on-site occupation, the damage of facilities, the breakdown of the wall, etc.