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(영문) 대구지방법원 2019.03.06 2017가단127200
공사대금
Text

1. The defendant shall receive KRW 9,075,00 from the plaintiff or receive the documents listed in the separate sheet.

Reasons

1. Facts of recognition;

A. On May 24, 2017, the Plaintiff: (a) flooded the drainage channel on the rooftop of the Defendant and B building; (b) the remuneration for the ice Busan High Court; and (c) the repair work for the punch part of the mag Glg Glg Glg Glg (hereinafter “instant construction”) from May 25, 2017 to May 25, 2017

7.3. The contract for construction works (hereinafter “instant contract”) was concluded with the Defendant, setting the construction cost of KRW 82.5 million (excluding value-added tax), KRW 10% of the construction cost of defective bonds, and the period of warranty for defects as four years.

B. On July 14, 2017, the Defendant paid the Plaintiff the construction cost of KRW 45,375,000, and the Plaintiff completed the instant construction work around July 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings

2. The assertion and judgment

A. After completing the instant construction, the Plaintiff’s assertion submitted the completion date to the Defendant on July 22, 2017. Since the Defendant did not notify the Plaintiff of the result of the inspection by August 5, 2017, the Defendant is deemed to have passed the completion inspection pursuant to Article 24 of the General Terms and Conditions of the instant contract, the Plaintiff is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 45,375,00, and the damages for delay calculated at the rate of 15% per annum from August 19, 2017 to the delivery date of the duplicate of the instant complaint from August 5, 2017 to the delivery date of the duplicate of the instant complaint, and the damages for delay calculated at the rate of 45% per annum from the next day to the date of complete payment.

B. 1) Determination 1) The fact that the remainder of the instant construction project under the instant contract is 45,375,000 won or may be acknowledged by the fact that there is no dispute, and the Defendant is obligated to pay to the Plaintiff KRW 45,375,00 and damages for delay thereof, barring any special circumstance. 2) As such, the Defendant asserts to the effect that the Defendant would be deducted from the damage liability in lieu of the defect repair, the Defendant alleged that the instant construction project was not completed, and the Defendant asserted compensation for delay on the premise that the Plaintiff had not completed it, but at the fourth statutory date for pleading.

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