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(영문) 서울서부지방법원 2019.08.23 2017가단226608

공사대금

Text

1. As to the Plaintiff (Counterclaim Defendant)’s KRW 163,930,755 among the Plaintiff’s counterclaim and KRW 159,190,755 among the Plaintiff’s counterclaims, the Defendant (Counterclaim Defendant)’s KRW 163,930,755.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Facts of recognition;

A. On August 16, 2016, the Plaintiffs entered into a contract with the Defendant to receive a contract for interior remodeling works (hereinafter “instant construction works”) of the E Business Facilities located in Seocho-gu Seoul Metropolitan Government (hereinafter “F”) (hereinafter “instant construction works”) with the construction cost of KRW 891,00,000 (including value-added tax) and the construction period from August 16, 2016 to October 30, 2016 (hereinafter “instant contract”), and the details thereof are as follows.

The design of construction works under Article 5 shall be determined in close consultation between the defendant and the plaintiffs, and the design production shall be commissioned by the defendant to the plaintiffs.

Article 7 The plaintiffs shall proceed with construction work according to the design drawing prepared by the plaintiffs, and when the problems occur in the course of construction work due to the design error, the plaintiffs shall resolve them without delay.

Article 9 The Plaintiffs shall prepare one copy of the completed design and deliver it to the Defendant within the contract period.

(C) In the case of a delay in the construction work, the chain contractor shall pay to the defendant a penalty for delay equivalent to 1/1000 per day for the amount of the construction work (design) if the plaintiffs have delayed the construction work (design) without any justifiable reason.

Article 14 (Completion of Construction Works) The defendant sufficiently examines and ascertains the defects, and then require the correction, direction, and construction of the plaintiffs before the UN business opening of construction works, and when the defendant and the plaintiffs conduct a business opening by transfer under agreement, it shall be recognized as completion.

After the completion of Article 15, the defect repair period of a facility shall be one year, and in the event of a defect due to expendable goods or other external factors, the defendant and the plaintiffs shall agree with each other.

B. The Plaintiffs continued the instant construction, and the Defendant commenced the E business on October 24, 2016.

The Plaintiffs received 657,00,000,000 won out of 891,00,000 won for the construction work from the Defendant, and did not receive the remaining 234,00,000 won.

C.1 On the other hand, the plaintiff limited company.