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1. The Defendant’s KRW 174,180,80 for the Plaintiff and 5% per annum from November 3, 2018 to December 19, 2019.
Reasons
1. Basic facts
7. Payment of the price;
(a) Advance payment: Payment by 10% or less (80,000,000 won) at the time of a contract;
(b) progress payment: 60% (480,000,000 won) of the public notice of material entry;
(c) Balance: Payment within 30% of 15 days after the pre-service inspection (240,000,000 won); 10. Defect bond and period: 3% (24,000,000 won) surety bond and period: 3 years;
A. The Defendant supplied C Co., Ltd. with the construction of solar power plant facilities (2,288kw) to Dong-gu, Chungcheongnam-gu, Seoul. Around May 2018, the Defendant subcontracted the construction of structures and electrical construction (hereinafter “instant construction”) during the construction to the Plaintiff during the construction period of KRW 800,00,000 (excluding value-added tax) and the construction period from June 1, 2018 to June 31, 2018.
(hereinafter referred to as “instant subcontract”). The parts pertaining to this case among the instant subcontract are as follows.
B. The Plaintiff completed the instant construction and completed a pre-use inspection on the instant solar power plant facilities on October 18, 2018.
C. The Defendant paid the Plaintiff advance payment and payment for completed portion of the instant subcontract. On December 20, 2018, the Defendant paid 64,000,000 won (including value-added tax) out of the remainder of KRW 264,00,000 (including value-added tax) and the remainder of KRW 200,000 (including value-added tax) was unpaid.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. According to the above findings of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 200,000,000, and the damages for delay thereof, unless there are special circumstances.
3. Judgment on the defendant's defense
A. The Plaintiff is obligated to pay KRW 25,819,200 to the Defendant for damages in lieu of defect repair, due to the occurrence of defect in solar structures constructed by the Defendant’s assertion. Thus, the Defendant is obligated to pay the damages claim in lieu of the defect repair as its automatic claim.