(영문) 청주지방법원 2018.08.23 2018가단1117

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(영문) 청주지방법원 2018.08.23 2018가단1117

공사대금

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1. The Defendant shall pay to the Plaintiff KRW 112,50,000 and the interest rate of KRW 15% per annum from January 18, 2018 to the date of full payment.

Reasons

1. Facts of recognition;

A. From July 25, 2013 to October 2014, the Plaintiff concluded a steel frame construction contract with the Defendant, and performed steel frame construction works at the Defendant’s construction site, such as Incheon, Bupyeong, Seoul, etc. (hereinafter “existing steel frame construction”).

B. On September 25, 2015, the Defendant again requested the Plaintiff to perform steel works at the Incheon Jung-gu C construction site. The Plaintiff did not pay the unpaid construction cost for the existing steel works, and on September 15, 2015, paid KRW 10 million to the Plaintiff on September 15, 2015. On September 25, 2015, the Defendant concluded a contract with the Plaintiff for the steel works at the said site, and promised to settle the existing construction cost at KRW 122,50,000,000, and pay the unpaid construction cost.

C. Since then, the Defendant additionally pays to the Plaintiff KRW 10 million for the repayment of the construction cost for the existing steel framed (On the other hand, the price for the steel framed construction in the above C site was paid separately) and the remaining price for the existing steel framed construction is KRW 112.5 million.

[Recognition] Facts without dispute, entry in Gap 1 through 4, 9 through 11 (including all branch numbers, if any) and the purport of the whole pleadings

2. According to the facts of the above recognition, the Defendant is obligated to pay to the Plaintiff the unpaid construction cost of KRW 112.5 million and the damages for delay calculated at the rate of 15% per annum from January 18, 2018 following the delivery of the copy of the complaint of this case sought by the Plaintiff from January 18, 2018 to the day of full payment, barring special circumstances.

As to this, the defendant raises a defense to the effect that the three-year extinctive prescription has expired with respect to the plaintiff's claim for construction price, and the plaintiff re-claimed to the effect that the extinctive prescription

As recognized earlier, the Defendant’s obligation to pay for the pre-existing steel framed construction on September 15, 2015.

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