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(영문) 창원지방법원 2016.06.07 2016가단3150
공사대금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for 59,220,000 won and the interest rate of 15% per annum from March 16, 2016 to the date of full payment.

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 4:

The plaintiff is a person engaged in the electrical construction business under the trade name of "D," and the defendants are joint operators of the E-Comprehensive Motor Vehicle Maintenance Factory.

B. On December 2, 2014, the Plaintiff received a contract for electrical construction from Defendant C for KRW 5,000,000 among the new construction works of the E-General Automobile Maintenance Factory. As the construction is added during the construction work, the construction cost was increased by KRW 8,800,000, and KRW 2,420,000 on two occasions, respectively.

2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of KRW 66,220,00 (i.e., KRW 55,000,000, KRW 8,800,000, KRW 2,420,000), excluding KRW 7,000,000, and the remainder of KRW 59,220,000, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 16, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff.

3. The Defendants asserted that the Defendants’ assertion as to the Plaintiff’s construction part does not include the separation of electricity from the first and second floors, and the electrical location of each department is not separated, the electrical construction for office stairs has not been completed, the causes for which the blocking period has been lowered need to be identified and measures are taken, and the secondary electrical system has not been operated. However, according to each of the evidence evidence Nos. 5 and 7, the Defendants had already been determined by the Korea Electrical Safety Corporation as to the Plaintiff’s construction portion on May 22, 2015. On September 24, 2015, the Defendants prepared a letter of performance certificate as to the construction of this case on December 31, 2016, and prepared a record certificate as to the construction of this case on January 15, 2016.

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