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(영문) 광주지방법원 순천지원 2018.09.13 2016가단80912

공사대금

Text

1. The Defendants amounting to KRW 60,69,986, and to KRW 6% per annum from August 22, 2016 to September 13, 2018, respectively, to the Plaintiff.

Reasons

1. Basic facts

A. On November 18, 2015, the Plaintiff, a construction business entity, entered into a contract with the Defendants for the new construction of multi-family housing units D (hereinafter “instant construction”) on the ground that: (a) the date of completion was May 10, 2016; and (b) the construction cost was KRW 515 million; and (c) the payment was to be made as follows.

The first term: The second term of the Won 60,000,000 won in November 18, 2015: the third term of the Won 40,000,000 won in October 10, 2016: The fourth term of the fourth term of the outer wall : The remainder (any condition after a building security loan) within 10 days after the completion of the construction of the outer wall dravit.

B. The Plaintiff commenced the construction project around the date of the instant construction contract, and on August 11, 2016, approved the use of the newly constructed house (hereinafter “instant building”).

C. From November 24, 2015 to March 24, 2016, the Defendants paid a total of KRW 126,000,000 to the Plaintiff with partial advance payment out of the first and the second progress payment and the third progress payment. From April 11, 2016 to July 4, 2016, the Defendants paid KRW 55,500,000 to the third progress payment, and directly disposed of KRW 136,230,830.

한편 원고는 피고들에 대하여 별건(여수시 E 지상 사무실 신축공사 중 샷시공사 등) 공사대금 채무 19,138,000원을 부담하고 있었는데, 피고들과 위 금액을 이 사건 공사대금에서 공제하기로 합의하였다.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. The plaintiff asserted by the parties against the defendants, the contractor, claiming for the payment of the construction cost of KRW 178,420,00,000, in direct payment of KRW 136,230,830, in direct payment of the construction cost of this case, KRW 33,027,732, repair cost of defects, KRW 8,834,061, and KRW 19,138,00,00, in separate payment of the construction cost of this case, and delayed payment of KRW 139,349,377.

On this issue, the Defendants asserted the payment of the fixed amount, the non-construction cost, and the defect repair cost.