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(영문) 수원지방법원 2020.06.12 2018가단523651

공사대금

Text

The defendant shall pay to the plaintiff KRW 86,575,485 as well as 5% per annum from July 20, 2017 to June 12, 2020 and from the next day.

Reasons

1. Basic facts

A. On January 21, 2017, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with the Defendant, setting the construction cost of the instant construction work for neighborhood living facilities and multi-family houses (hereinafter “instant building”) with the Defendant at KRW 54,400,00 (excluding value-added tax) as the purchase price of KRW 554,40,00 (hereinafter “instant construction work”).

B. According to the instant construction contract, the Defendant shall pay to the Plaintiff KRW 55,00,000,000, the down payment of KRW 110,000,00,00 to the Plaintiff as of February 20, 2017 ( March 20, 2017), KRW 160,00,000 at the time of completion of the second floor of the structural frame ( March 20, 2017), and KRW 110,00,00 at the time of completion of the interior works ( April 10, 2017), and KRW 110,00,00 at the time of completion of the construction works ( May 30, 201), and KRW 119,40,00 after completion of the construction works ( July 15, 2017).

In addition, the special terms and conditions of the instant construction contract are as follows: (a) the Plaintiff installed a warehouse of approximately three square meters on the rooftop of the instant building and a wood deck.

C. From March 2, 2017, the Plaintiff performed the instant construction project in accordance with the instant construction contract from around March 2, 2017, and on July 19, 2017, the competent authority approved the use of the instant building.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, and 3 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. As to the completion of the instant construction project, if the construction of the relevant legal doctrine was discontinued during the course and the scheduled last process was not completed, the construction shall be deemed to have been completed, but the construction shall not be deemed to have completed the last process of the intended construction and the main text thereof.

It is reasonable to interpret that the construction work is completed but it is only a defect in the object, and whether the last process of the intended work has been completed or not shall be the completion inspection conducted by the contractor.