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(영문) 광주지방법원 2020.04.10 2019가단531245

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 76,061,00 and the interest rate of KRW 12% per annum from August 14, 2019 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On October 2017, the Plaintiff was awarded a subcontract for the amount of KRW 248,939,000 from the Defendant for the electrical construction among D New Construction.

(hereinafter referred to as the “instant subcontract”). (b)

On January 29, 2019, the Plaintiff completed construction under the instant subcontract agreement, and prepared a “Agreement on the Completion Settlement of Subcontracts” (hereinafter referred to as “instant Agreement”) with the Defendant, as follows:

The contractor Dispute Resolution Co., Ltd and the subcontractor Dispute Resolution Co., Ltd. agree to the completion settlement as follows with respect to the "Electric Construction Contract among D New Construction Works" subcontract on October 20, 2017 to June 29, 2018:

1. Amount adjusted as completion: 325,000,000 won (including purchase-added taxes): 248,939,000 won (including purchase-added taxes);

2. Date of settlement of completion: Not more than January 10, 2019.

C. The Plaintiff was not paid KRW 76,061,00 for the construction cost increased by the Defendant in accordance with the instant settlement agreement (i.e., the amount of completion settlement of KRW 325,00,000 - the amount of the original contract amount of KRW 248,939,00).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the increased construction cost of 76,061,000 won and delay damages therefrom in accordance with the instant settlement agreement, unless there are special circumstances.

B. As to the Defendant’s assertion, the Defendant asserts to the effect that the Plaintiff’s claim of this case is unjustifiable, since the Defendant had no choice but to have the principal contractor’s delay of payment of the construction price and filing a lawsuit against the fair trade committee member, etc.

Since there is no evidence to acknowledge that there was the Plaintiff’s duress at the time of the preparation of the instant settlement agreement by forcing the Defendant to make a revocation or nullity of his/her declaration of intent by coercion, the above assertion by the Defendant cannot be accepted.

C. Sub-decisions.