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(영문) 제주지방법원 2015.11.24 2014가단43488

공사대금

Text

1. The Defendant: (a) KRW 36,594,00 and the Plaintiff’s KRW 20% per annum from August 6, 2014 to September 30, 2015; and (b) October 1, 2015.

Reasons

1. Basic facts

A. On March 24, 2010, the Plaintiff and the Defendant entered into a contract with the Defendant for the citrusium facility construction (hereinafter “instant construction”) at KRW 128,490,000 for the construction cost on the C’s land at Seogpospois City (hereinafter “instant construction”). The Plaintiff and the Defendant entered into a contract with the Defendant for the completion of construction works at KRW 128,490,00 for the amount of compensation for delay as of June 30, 2010.

B. The Defendant initially received a loan of KRW 37,512,00 from the 6,2520,000 and 28,458,000 from the Agricultural Cooperatives Federation, and planned to pay the instant construction cost as its own charge. However, on the date of the conclusion of the instant construction contract, the Defendant paid the Plaintiff KRW 30,90,00 as its own charge.

C. The Plaintiff completed the process of the instant construction around June 2010. However, among the instant construction works, there was a defect that water flows into the downstream because there was a space between the water tank and the water home and the sprink because water did not flow to the drainage outlet due to the lack of horizontal level (hereinafter referred to as “instant defect”).

Accordingly, on June 12, 2010 and July 20, 2010, the Defendant requested the Plaintiff to repair the instant defect. However, the Plaintiff’s employee D had a defect repair work, but there was a conflict between the Plaintiff and the Defendant due to the continued completion of the defect repair. As such, the Defendant did not affix a seal to the application form for the completion inspection of the instant construction, and the Defendant received KRW 20 million from the Plaintiff on June 30, 201 (hereinafter “the instant money”), and the completion inspection was completed on July 1, 201.

E. The Defendant received the State subsidy on September 2, 201, and paid the Plaintiff KRW 60,990,000 as part of the construction cost of the instant case.

F. Direct costs incurred in repairing defects existing as of the time of filing the instant lawsuit are KRW 39,309,000 if they include indirect costs, including KRW 27,04,525.

[Reasons for Recognition] There is no dispute, Gap evidence 1 to 7, and Eul evidence 1 to 10.