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(영문) 부산지방법원 2015.09.17 2014가합1204

공사대금 등

Text

1. The Defendant’s KRW 28,552,00 for the Plaintiff and 5% per annum from February 4, 2014 to September 17, 2015.

Reasons

. It is a company, and the defendant (formerly, Taege General Construction Co., Ltd.) is a company engaging in construction business;

B. The Defendant awarded a contract for the new construction of a grix industrial complex plant (hereinafter “instant factory”) from the EFF Co., Ltd. (hereinafter “EF”), and subcontracted the Plaintiff on June 13, 201, the construction of the board construction of the building roof among the said new construction works to the Plaintiff as follows.

(hereinafter referred to as the “instant construction work,” and the subcontract construction contract concluded between the Plaintiff and the Defendant is referred to as the “instant construction contract”). Standard subcontract contract for construction works

1. The name of the prime contractor: New construction works of the air-line boiler plant;

2. The name of subcontracted project: The installation of a board, among construction works for new construction of a factory for air conditioners.

3. The place of construction: The place of construction No. 987, Ulsan-dong, Ulsan-dong.

4. Construction period: Value-added tax on labor cost under Article 84 of the Enforcement Decree of the Framework Act on the Construction Industry * KRW 57,300,000 in the case of value-added tax on June 20, 201, completion on July 31, 201: 630,300,000 in the case of supply price for 630,30,000.

C. After the change of the construction cost resulting from the additional construction, the Plaintiff and the Defendant concluded an additional construction contract with the value of KRW 49,500,000 (including value added tax) and changed the instant construction cost into KRW 679,80,000 (including value added tax).

The Plaintiff completed the instant construction work on August 30, 201, but there was a water leakage at the 60th king of the roof board of the instant factory, although the Plaintiff completed the instant construction work on or around August 30, 201.

The Plaintiff performed the repair work on two occasions from November 10, 201 to December 25, 201, and from December 15, 201 to December 30, 201, but the defect was not cured.

E. The Defendant requested the Plaintiff to repair defects on several occasions. However, on February 3, 2012, the Plaintiff, who received the full amount of the construction cost of the instant case (including the amount of the additional construction cost) and subsequently received the repair of defects, within a prompt time.