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(영문) 서울중앙지방법원 2014.07.24 2014가단60

공사대금

Text

1. The Defendant’s KRW 41,480,00 for the Plaintiff and 6% per annum from December 30, 2013 to July 24, 2014, and the following.

Reasons

1. The fact of recognition was that the Defendant was awarded a contract for the tegrative work at the Sgrative hotel in Ulsan-gu, Ulsan-gu and one parcel of land (hereinafter “the instant tegrative work”). On January 29, 2013, the Defendant subcontracted the Plaintiff with the payment of KRW 79,200,000 for the carpet work (hereinafter “the instant carpet work”). After completion of the instant carpet work, the Plaintiff’s following phenomenon occurred in the 3rd floor of the corridor, the patternless day in the 404th floor, etc., and the completion of the repair on December 29, 2013. The Defendant did not dispute between the parties, or the Defendant paid only KRW 3,772,00 among the above construction work cost, and the purport of the entire egrative document or the entire egrative document of evidence Nos. 1, 2, 3, and 4-1, 2-2, or 2-2.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 4,1480,000 (=792 million-3,7720,000) and damages for delay.

Furthermore, the plaintiff asserts that the defendant is obligated to pay the construction cost of KRW 2,530,00 as it added to the third floor and the 11th floor of the above hotel. However, it is insufficient to recognize that the statement in the evidence No. 3 alone made the above additional construction, and that the price reaches the above amount, and it is not acceptable as there is no other evidence to acknowledge it.

3. On April 27, 2013, the Defendant rendered a judgment on the Defendant’s assertion that the Plaintiff requested the payment of defective repair before the completion of the said hotel, disregarding the Plaintiff’s request for payment, and inciting other subcontractors, received a provisional attachment order on the Plaintiff’s other claim for construction price.

(1) The Plaintiff’s principal agent or the Plaintiff’s principal agent shall settle the balance of the construction cost in the amount that the Defendant has reduced by 50% with the principal contractor, and the subcontractor shall be required to make a direct payment to the subcontractor, and the Defendant shall be required to enter into a full agreement.