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(영문) 대구지방법원 2018.10.11 2018가단3004

공사대금

Text

1. The Defendant’s KRW 72,095,200 as well as 5% per annum from December 1, 2015 to January 16, 2018 to the Plaintiff.

Reasons

1. The following facts are either in dispute between the parties or in full view of Gap evidence 3-1, 2, 4-1, 4-2, and the purport of all pleadings.

A. B Co., Ltd. engaged in manufacturing industry, such as freezing machines, entered into a contract for construction work with the Defendant on the basis of the construction cost for the installation of freezing rooms inside the meat processing plant in Daegu-gu C, with the total amount of KRW 93,095,200 (including value added tax) between the Plaintiff and the Defendant, and received the said construction.

B. On November 30, 2015, the Plaintiff completed the construction and issued a tax invoice even after the issuance of the said tax invoice.

C. The Defendant paid KRW 21,00,000 to the Plaintiff out of the above construction cost.

2. According to the above facts, the defendant shall pay to the plaintiff the unpaid construction cost of KRW 72,095,200 (=93,095,200 - 21,000,000) and damages for delay.

3.(a)

In this regard, the defendant asserts that it is improper for the plaintiff to claim for the price of goods in such a situation that the plaintiff did not respond to the request of the defendant A/S as well as the defendant suffered a significant loss due to the continuous occurrence of defects, such as temperature decline, in the freezing room installed by the plaintiff.

B. However, there were defects as alleged by the Defendant.

Since there is no evidence to acknowledge the fact that the plaintiff did not take measures A/S, the defendant's assertion cannot be accepted.

4. Accordingly, the Defendant is obligated to pay to the Plaintiff 72,095,200 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from December 1, 2015 to January 16, 2018, which is the delivery date of a copy of the complaint of this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

Plaintiff

The claim is justified and accepted.