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(영문) 의정부지방법원고양지원 2015.10.07 2015가합991

공사대금

Text

1. The Defendant’s KRW 229,339,00 for the Plaintiff and KRW 5% per annum from March 12, 2015 to October 7, 2015.

Reasons

1. On August 1, 2014, the Plaintiff and the Defendant entered into a contract for construction works with the effect that the construction works for the electric room repair works among the facilities repair works by the store in thisland should be determined as the construction cost (including value-added tax) and from August 1, 2014 to September 30, 2014; the Plaintiff completed the said construction works; the Plaintiff and the Defendant entered into a contract for construction works with the Plaintiff on the condition that the Plaintiff shall contract the additional construction works by the branch in thisland with the Plaintiff at KRW 539,00,00 for the construction cost; the Plaintiff completed the said construction works; the Defendant entered the contract with the Plaintiff at KRW 13,40,000; the Defendant entered the price for each of the said construction works in KRW 50,00,000; or the Plaintiff paid KRW 30,000,005,000 for each of the aforementioned construction works; or the Plaintiff paid the entire parties’ arguments at KRW 30,3005,01.

According to the above facts, the defendant is obligated to pay the plaintiff the unpaid construction cost of KRW 230,539,000 ( KRW 539,000,000 - KRW 93,400,000), except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The defendant asserts that the above amount should be deducted since the plaintiff acquired materials equivalent to KRW 1,500,000 from the defendant in the course of the above construction work, and that the plaintiff asserted that the materials that the plaintiff acquired from the defendant are merely equivalent to KRW 1,200,000, and there is no evidence to acknowledge that the plaintiff acquired materials exceeding the amount recognized by the plaintiff in the course of the above construction work. Thus, the above argument by the defendant is reasonable within the scope of KRW 1,20,000, and there is no ground for the remainder.

B. In addition, the defendant still remains the warranty period of each of the above construction works executed by the plaintiff, and it was difficult for the plaintiff to comply with the defendant's request for repair of defects due to the actual discontinuance of business.