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(영문) 제주지방법원 2014.10.07 2013가단14193

공사대금

Text

1. The Defendant’s KRW 22,325,411 as well as 5% per annum from September 5, 2013 to October 7, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On July 20, 2013, the Defendant agreed to pay KRW 52 million to the Plaintiff (hereinafter “instant agreement”) prior to the receipt of documents for approval of use in return for the completion of construction work for the construction work for the third floor building on the land of Seopo-si, Seopo-si, the Defendant ordered the construction work for the third floor, and the Defendant’s husband E and D agreed to pay KRW 5,200,000,000 to the Plaintiff (hereinafter “instant completion work”).

B. From August 1, 2013, the Plaintiff completed the instant construction work, and completed a pre-use inspection on September 11, 2013 on the completed building.

C. The Plaintiff received payment of KRW 5 million on August 2, 2013, KRW 10 million on August 5, 2013, KRW 50 million on August 5, 2013, KRW 500,000 on August 7, 2013, KRW 7 million on August 9, 2013, and KRW 28,000,000,000,000 as construction price.

[Reasons for Recognition] The facts without dispute, Gap evidence 1, 2, and 3's evidence 1 to 5, and 4's evidence or images, witness D's testimony and the purport of the whole pleadings.

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay the remainder of KRW 52 million of the finishing construction cost and damages for delay pursuant to the agreement of this case, unless there are special circumstances to the plaintiff.

B. As to the non-construction and defect repair cost deduction and determination 1) the part on the non-construction and defect repair cost deduction and determination 83,250 won of the repair cost was incurred due to the failure of the plaintiff, who had not completed the completion of the leakage of the drainage pipe for the drainage pipe construction, part of the pipe connection construction and refixor, but failed to pack concrete, thereby causing damage equivalent to 83,250 won.

On September 2013, the plaintiff is about 2 meters of concrete for the replacement of pipelines to the Haman on September 2013.