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(영문) 창원지방법원통영지원 2020.12.09 2019가단4945

공사대금

Text

1. The defendant shall pay to the plaintiff KRW 30,235,156 as well as 6% per annum from November 21, 2019 to December 9, 2020 and the next day.

Reasons

1. The plaintiff is a person who operates the business of manufacturing vessel block, and the defendant is a company that manufactures shipbuilding equipment.

On June 2019, the Plaintiff entered into a subcontract with the Defendant on the vessel block work during the construction period contracted by C Co., Ltd., and the Plaintiff completed the vessel block work from June 2019 to September 9 of the same year, and completed the vessel block work at the construction site on October 2019.

The defendant paid the construction price for July to the plaintiff, and the 10,907,313 won for August, and 21,587,843 won for September has not yet been paid.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

2. According to the determination of Paragraph 1 on the cause of the claim, the Defendant is obligated to pay the Plaintiff the sum of KRW 10,907,313, and the monthly construction cost of KRW 21,587,843 for September, as well as KRW 32,495,156.

3. Judgment on the defendant's assertion

A. The defendant's assertion caused defects due to the failure of the workers employed by the plaintiff, and completed the defendant's repair work costs of KRW 20,929,971 and damages of KRW 7,762,00 arising from the plaintiff's failure to return the work district owned by the defendant. The plaintiff unilaterally reversed the contract during the contract period and caused damages of KRW 112,271,00 to the defendant. Accordingly, the defendant's construction work costs are not remaining.

B. The part of the 1 repair work cost of KRW 20,929,971 was examined as to the 1 repair work cost, and the part of the 1 repair cost claimed by the Defendant appears to have been conducted at the time of the Plaintiff’s presence at the construction site, but the Defendant had undergone the procedure for verifying

There are no circumstances, such as requesting repair of defects due to the fact that there is no reason for the plaintiff, and the plaintiff is claiming construction cost by reflecting the portion of the preceding work in the stage "the construction cost."