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(영문) 부산고등법원 (창원) 2018.03.22 2017나21179

공사대금

Text

1.The judgment of the first instance shall be modified as follows:

The defendant is either 63,00,000 won or more from the plaintiff.

Reasons

1. Basic facts

A. 1) The Defendant entered into a construction contract, etc.) On September 9, 2010, the instant religious facilities on the ground B (hereinafter “instant building”) at the time of Jinju to the Plaintiff.

2) As to the construction contract between the Plaintiff and the Plaintiff, the construction contract under the following table (hereinafter “instant construction contract”).

AB concluded the agreement.

1. Construction name: New construction works of religious facilities B at Jinju;

2. Detailed content of construction: Total floor area of 2,092 square meters;

3. The place of construction: Jinju B.

4. Date of commencement: The scheduled date of completion on October 5, 2010: June 30, 201: The amount of contract on June 30, 201 (Won 2,100,000,000) (including V.A.T.).

8. Contract deposit: A lump-sum payment (Won 200,000,000) - deposit at the time of a contract.

9. A completed amount: A request for a progress payment shall be made three times, and shall be made within 15 days.

1. Primary Claim - Secondary Claim after completion of the installation of a concrete in the underground floor - Third Claim after the completion of a structural frame - 10. After the completion of a structural frame, the completion of construction works shall be claimed and paid within 15 days.

11. Warranty liability: To issue a certificate of performance guarantee for defects by applying the defect warranty liability period by kind of construction work under the Framework Act on the Construction Industry;

The amount guaranteed by applying 3% of the defect deposit rate shall be 63,000,000 won.

2) The Plaintiff was supplied with temporary electricity (low voltage7KW) from the Korea Electric Power Corporation in the course of performing the new construction work of the instant building. 3) On March 29, 2011, the Defendant applied to the Korea Electric Power Corporation for the use of electricity to the effect that the Defendant requested the Korea Electric Power Corporation to supply general high voltage 150K electricity to the outside utility poles of the instant building, and paid KRW 2,145,000 according to the standard facility charges to the Korea Electric Power Corporation on April 4, 201.

4) From September 9, 2010 to September 6, 2011, the Defendant paid a total of KRW 1,830,000,000 to the Plaintiff as the instant construction cost. (b) The Plaintiff completed the most part of the instant construction work around September 201, and some of the instant construction works were installed.