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(영문) 제주지방법원 2016.08.23 2016가단6025
공사대금
Text

1. The Defendant’s KRW 30,470,00 and the Plaintiff’s annual rate of KRW 6% from January 9, 2016 to April 11, 2016.

Reasons

The Plaintiff, from the Defendant on May 10, 2015, entered into a contract with the Jeju Special Self-Governing Province for the construction cost of 30,470,000 won during the construction period, and from May 10, 2015 to January 8, 2016, entered into a contract with the Defendant for the construction cost of 30,470,000 won during the road maintenance work, with the payment in cash immediately after the completion of the construction, and the Plaintiff entered into a contract with the Plaintiff on January 8, 2016, respectively.

According to the above facts, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 30470,000 as stipulated in the above subcontract and the damages for delay from January 9, 2016, which is the day following the completion of construction.

As to this, the defendant shall set up a prior performance or simultaneous performance defense to the effect that the plaintiff cannot respond to the plaintiff's claim for construction price until the certificate of defect guarantee is issued.

On the other hand, there is no evidence to deem that the defendant has the obligation to deliver the warranty to the plaintiff, and the simultaneous performance defense of the defendant is not acceptable (the plaintiff and the defendant did not prepare a subcontract document at the defendant's request that they refuse to report the subcontract, and it is difficult to recognize the obligation to deliver the original written subcontract document, and there is no agreement to deliver the original oral defect guarantee certificate). Accordingly, the defendant is obligated to pay to the plaintiff the construction cost of 30470,000 won and its payment amount as stipulated in the subcontract as stated in the contract from January 9, 2016 until April 11, 2016, when the copy of the complaint of this case is delivered to the defendant, and the damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day until the date of full payment. Thus, the plaintiff's claim is justified.

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