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(영문) 서울동부지방법원 2019.01.25 2018가단13791

공사잔여금

Text

1. The Defendant shall pay KRW 33,484,00 to the Plaintiff KRW 15% per annum from September 4, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. On October 6, 2015, the Defendant concluded a subcontract with the Plaintiff for the construction of a new D neighborhood living facility in Gwangju-si (hereinafter “instant construction”) by setting the contract amount of 110,000,000 (Additional Tax) between the Plaintiff and the construction period from August 19, 2015 to October 15, 2015, as the owner of the building awarded a contract for the construction of a new D neighborhood living facility in Gwangju-si.

(hereinafter “instant subcontract”). (b)

The Plaintiff continued the instant construction and completed the construction work at the end of October, 2015, and agreed to reduce the construction cost of the instant case to KRW 105,440,00 (in addition, KRW 105,440,00) through the settlement of construction cost with the head of the site office E.

C. The Plaintiff received KRW 10,000,000 from the Defendant on August 24, 2015, and KRW 5,000,000 on September 24, 2015, and KRW 10,000 from the On-site Director on October 15, 2015, respectively, as the construction price of the instant construction project, from the Defendant, and received KRW 30,00,000,00 from the owner of the building on November 30, 205 according to the Defendant’s direct non-payment agreement.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder after deducting the total amount of 75,440,000,000 won paid from the construction price agreed upon to be reduced from KRW 105,440,00, and the unpaid construction price plus KRW 33,484,00,000, plus value-added tax of KRW 30,440,000, and damages for delay calculated at the rate of 15% per annum as requested by the Plaintiff from September 4, 2018 following the date following the delivery of a copy of the complaint of this case as the date of completion of construction, as requested by the Plaintiff.

B. On October 27, 2015, the Defendant decided to complete the liability of KRW 610,000,000, which is the Defendant’s construction contract amount, between the owner C and the owner of the building, and the design change.