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(영문) 부산지방법원 2017.02.07 2016가단16616
공사대금
Text

1. The Defendant’s KRW 30,800,000 as well as the Plaintiff’s annual rate of KRW 6% from November 3, 2015 to March 28, 2016.

Reasons

1. Basic facts

A. From the end of November 2014, the Plaintiff: (a) from the end of Busan Seo-gu, B, 101 Dong, 102 dong A apartment, and 102 dong B (hereinafter “101 dong, etc”; (b) from the point of December 2014, the Plaintiff started restoration work of the above apartment 103 dong and Exemplary and Exemplary (hereinafter “103 unit construction work”); and (c) around January 2015, the Plaintiff completed each of the above construction works; and (d) issued each of the defect warranty bonds to the Defendant on February 16, 2015.

B. At the time of commencement of each of the instant construction works, C, the representative of the Defendant, was detained, and D, the chairman of the election management committee, upon C’s request, was acting as the president.

C. Meanwhile, from around September 2014, a resident’s civil petition was filed due to malodor that occurred in A Apartment 102 sewage treatment plant, and around October 2014, the management office employees failed to repair the wastewater pipe. D and the management office E concluded a contract for the repair work of the sewage pipe with the construction cost as KRW 1,763,60 (excluding value-added tax) on November 28, 2014 after receiving an estimate from two enterprises, including the Plaintiff. Since it was discovered that the wastewater management officer was severely damaged and the scope of the construction work was expanded due to malodor caused by the force of the sewage pipe at other places, such as 101.

Around January 2015, the Plaintiff drafted a written contract for each construction project with construction cost of KRW 55 million (including value-added tax) with respect to D and 101 units of construction work, and with respect to 103 units of construction work, with construction cost of KRW 19.8 million (including value-added tax).

E. The Plaintiff received a total of KRW 44 million, including KRW 16.5 million from the Defendant, around December 17, 2014, and KRW 27.5 million on January 15, 2015, and KRW 103,000,000 from the Defendant, and the said construction price was not paid.

The unpaid price of each construction of this case is KRW 30,80,000.

F. Around April 2015, the Defendant applied for a special audit of the instant apartment to Busan Metropolitan City, and the Busan Metropolitan City on October 27, 2015.

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