beta
(영문) 대전지방법원 2015.07.21 2013가단26866

공사대금

Text

1. The Plaintiff:

A. Defendant B shall pay KRW 29,100,000 as well as 20% per annum from August 10, 2013 to the date of full payment.

Reasons

I. Plaintiff’s claim against Defendant B

(a) Indication of claim: 29.1 million won for the construction price to be borne by the plaintiff under the payment guarantee of the defendant B in respect of the C Remodeling work price concluded between the plaintiff and the defendant A, and the delay damages therefor;

(b) Grounds for recognition: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act);

Ⅱ Plaintiff’s claim against Defendant A

1. Basic facts

A. Defendant B leased the 10th, 11th, and 12th from Company C, and ordered the remodeling work to Defendant A in order to operate the wale.

B. On February 2, 2013, the Plaintiff entered into a contract with Defendant A for the subcontracted construction (hereinafter “instant construction contract”) by setting the construction cost as KRW 44 million (including value-added tax) with respect to the fire-fighting construction works among the 10th, 11, and 12th floor remodeling works (hereinafter “instant construction works”).

C. Although the Plaintiff had been proceeding with the instant construction project, Defendant A did not receive the instant construction cost smoothly.

During that period, Defendant B was terminated the lease contract from C company due to the failure to pay rent and management fee, violation of the lease contract, etc. Accordingly, the construction of this case and the remodeling construction of this case were suspended, and thereafter, the construction of this case has not been carried out until now.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 5 (including paper numbers), the purport of the whole pleadings

2. Determination

A. (1) The Plaintiff’s assertion (1) that the construction work in the instant case was terminated after the suspension of construction cost of KRW 34.1 million, and the Defendant A is obligated to pay the Plaintiff the construction cost of KRW 29.1 million remaining after deducting the amount of the construction cost of KRW 5 million already paid, out of KRW 34.1 million.

(2) Defendant A’s assertion that the instant construction project had not been carried out in the amount of KRW 34.1 million, and Defendant A paid KRW 13 million to the Plaintiff as the construction cost of the instant case.