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(영문) 춘천지방법원 강릉지원 2018.01.10 2016가단53639

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 495,320 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from November 26, 2015 to January 10, 2018.

Reasons

1. Basic facts

A. On January 21, 2014, the Plaintiff received the construction cost of KRW 130 million for the construction work that newly constructs 20 or more temporary buildings (hereinafter “instant temporary buildings”) on C (hereinafter “instant construction work”) from the Defendant on March 21, 2014.

(hereinafter “instant construction contract”). B.

The plaintiff completed the construction of 10 Dong around May 2014, 5 Dong Dong around June of the same year, and 5 Dong Dong around July of the same year.

[Reasons for Recognition: Facts without dispute, entry of Gap evidence 1, purport of whole pleadings]

2. Assertion and determination

A. Determination as to the Plaintiff’s claim: The Defendant does not dispute that the quoted Defendant is liable to pay the Plaintiff the remaining construction cost of KRW 10,977,00, value-added tax of KRW 2,363,636, KRW 270,000, KRW 960,000, KRW 14,970,630, and KRW 400,000, KRW 14,970,000, KRW 363,636, KRW 270,00, KRW 270,000, KRW 400,000, and KRW 10).

B. Determination as to the Defendant’s counterclaim and counterclaim claim: (a) the Plaintiff agreed to complete the instant construction on March 5, 2014, but only on July 2014, the Plaintiff completed the instant construction. As a result, the Plaintiff incurred loss of KRW 54 million from the rent of lodging house. The Plaintiff did not properly construct the instant construction, and caused a lack of electricity supply; (b) caused a lack of power supply; and (c) caused a heating film construction to be inevitable because the heating water and sewerage pipe was not well connected to the above construction, and the amount of damage caused by the Plaintiff’s delay and defects in construction, thereby making it difficult for the Plaintiff to compensate for the damages amounting to KRW 27,434,00. The Defendant is obligated to compensate for damages due to the Plaintiff’s delay in construction and construction, and thus, is liable to compensate for damages as a monetary penalty or KRW 50 million.