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(영문) 부산지방법원 2020.02.18 2017가단329593

공사대금

Text

1. The Defendant’s KRW 32,909,939 as well as 6% per annum from January 26, 2019 to February 18, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person engaged in construction business under the trade name of “C,” and the Defendant is a corporation established for the purpose of manufacturing and selling construction materials.

B. The Defendant contracted with D Co., Ltd. for metal and water 1,3, and four tools among E Co., Ltd., and the Plaintiff agreed to supply human resources to the construction site at the above construction site on September 2015 after receiving a subcontract for labor at the above 1,3, and 4 sections from the Defendant around September 2015.

C. Of the construction cost of one construction section, the Defendant did not pay KRW 3,818,00 in total and KRW 2,904,00 in construction cost of the four construction sections and KRW 3,818,00 in total.

[Reasons for Recognition] Facts without a partial dispute, Gap 1 to 3, 5, 10 to 12, witness F's testimony, the purport of the whole pleadings

2. Determination on the claim for construction price of one construction section and four construction sections

A. According to the above findings of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the total amount of KRW 6,722,000 (= KRW 3,818,000) and damages for delay thereof, among the accounts payable for the construction cost of one and four sections (= KRW 2,904,00).

B. The defendant's assertion 1) The defendant suffered defects such as melting a metal scrap in stone as a result of the loss of construction capacity and the loss of construction work among the floor stones already constructed in different processes (including stone work) due to lack of construction capacity while performing construction work. Since the defendant's total amount of KRW 9,790,000 is required to repair these defects, the defendant asserts that the remainder of construction cost of one construction section and the defect repair cost should be offset against the remainder of construction cost and the remainder of construction cost of one construction section that the defendant is obliged to pay to the plaintiff would not remain. 2) The defendant's argument that there is no balance of construction cost of one construction section and one copy (including a paper number) as alleged by the defendant is insufficient to recognize the fact that the plaintiff caused a defect as a result of the construction work of one construction section and there is no other evidence to prove otherwise.

Therefore, this part of the defendant's argument is without merit.

3. 3. Tools.