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(영문) 서울중앙지방법원 2016.01.28 2013가단5148724

공사대금

Text

1. The Defendant’s KRW 68,607,00 for the Plaintiff and 6% per annum from July 4, 2013 to November 8, 2013.

Reasons

1. Facts of recognition;

A. On February 22, 2013, the Plaintiff entered into a contract for construction works with the Defendant and Seoul Mine Diplomatic Association (hereinafter “instant construction works”) with the following content that the Plaintiff would receive a contract for the repair of mechanical parking equipment in Seoul Special Metropolitan City, Nowon-gu (hereinafter “instant construction works”).

Article 1 Contents of the Construction Contract: The construction work type for remodeling of mechanical parking facilities: Elevator 190 (the 64th above ground of the underground 126 unit): the contract amount: May 31, 2013: the contract amount: Article 3: 297,000,000 won (including value-added tax) and the completion and delivery 1) of the Construction Work under Article 3 of the Price Payment Conditions (including the value-added tax) shall be submitted to A (the defendant, Seoul Gwangju Madye Society) for the completion of the Construction Work. 3) If the completion date of the Construction Work is completed and the completion date is not less than the certificate of completion inspection, the "B (Plaintiff)" shall pay the balance of the Construction Work within 10 days if the documents of completion and the defect warranty certificate is submitted.

B. The Plaintiff completed the instant construction and received a certificate of usage inspection on May 23, 2013 from the Korea Transportation Safety Authority.

C. On May 29, 2013, the Plaintiff obtained a warranty insurance policy issued by the Seoul Guarantee Insurance Co., Ltd. to the Defendant and the Defendant as the insured, and filed a claim for the instant construction payment. On July 4, 2013, the Plaintiff received the total construction cost equivalent to the share of the construction cost from the Seoul Mine Association, but did not receive the remainder of the construction cost from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 2-1 to 7, Gap evidence 3, the purport of the whole pleadings

2. According to the above facts of recognition, since the Plaintiff completed the instant construction around the end of May 2013, the Defendant completed the construction, the Defendant’s payment of KRW 68,607,00, and ten days after the date on which the Plaintiff submitted the completion document and the warranty.