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(영문) 수원지방법원 2021.01.21 2019가단531956
공사대금
Text

The defendant is 5% per annum from January 25, 2019 to January 21, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. On March 30, 2018, the Plaintiff (contractor) and the Defendant (contractor) concluded a construction contract as follows (hereinafter referred to as the “instant construction contract”): The first order of the construction contract: The date of the commencement of the construction project for the construction project for the construction project for the construction project: The date of the scheduled completion of the construction project on March 30, 2018: the contract amount on September 30, 2018: 1,518,000,000 (including additional taxes) and June 26, 2018; 1,650,000,000 (including additional taxes) for the first changed construction contract for the construction project as of June 26, 2018.

3) On November 16, 2018, the second changed construction period from June 11, 2018 to January 10, 2019 was changed.

B. On January 11, 2019, the Plaintiff completed the instant construction and approved the use thereof.

(c)

On January 24, 2019, the Plaintiff and the Defendant drafted the “Agreement on Amendment to Additional Construction Works” and set the amount to be changed as KRW 1,410,00,000, and deducted the amount received and the amount of depreciation from the amount received, set the balance of the construction work at KRW 95,00,000.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion sought payment of KRW 10,00,000, which the Plaintiff received from the Defendant for the amount of KRW 95,000 under the agreement of this case, and KRW 4,50,000,000, which is the material value of the materials such as the pre-treatment, etc. that the Defendant directly treated, and KRW 15,00,000, which is the remainder of the non-construction part recognized by the Plaintiff, after deducting the amount of KRW 15,50,000,000, and delayed damages.

B. Defendant’s assertion 1) As the Plaintiff’s assertion, the Plaintiff and the Defendant settled the balance of the construction cost of January 24, 2019 at KRW 95,00,000, and among which the Defendant paid KRW 10,000 to the Plaintiff, the Defendant’s direct payment of KRW 4,50,000 is recognized.

2) However, despite the completion of the instant construction, there are defects in the instant factory building (including the non-construction and alteration construction). Therefore, the Defendant has a total of KRW 82,572,378 in lieu of the repair of defects, as shown in the attached Table, against the Plaintiff.

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