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(영문) 인천지방법원 부천지원 2017.01.13 2016가단113889
공사대금
Text

1. The Defendant’s KRW 25,150,00 for the Plaintiff and 5% per annum from June 1, 2016 to August 29, 2016.

Reasons

On March 8, 2016, the Plaintiff received a subcontract for 40,150,000 won for the Y-type fence (hereinafter “the instant construction”) from the Defendant for the reinforcement of the Busan New Line’s Boundary, and completed all of the instant construction works among April 2016. The Plaintiff received KRW 15,00,000 from the Defendant on May 31, 2016, and there is no dispute between the parties. As such, the Defendant is obligated to pay the Plaintiff the interest payment amount of KRW 25,150,000 (= KRW 40,150,000 - 15,000,000) and damages for delay calculated from June 1, 2016 to August 29, 2016, the delivery date of the instant complaint to the Plaintiff at the annual rate of KRW 5,000 as prescribed by the Civil Act and each of the damages for delay calculated from the next day after the date of completion of the instant construction.

The defendant asserts that an amount equivalent to 10% of the construction cost should be deducted from the defect repair cost. However, even according to the defendant's argument, there is no defect in the construction of this case, and there is no reason to deduct an amount equivalent to 10% of the construction cost differently. Thus, the defendant's above assertion is without

Next, the defendant asserts that the construction cost of this case should be reduced or deducted from the construction cost of this case by taking into account the difference arising from the parts constructed with melting melting net differently from the design, etc. However, there is no evidence to prove that the plaintiff had to bear the amount equivalent to the safety management cost of this case or had performed the construction work differently from the design. Thus, the defendant's assertion is without merit.

Therefore, the plaintiff's claim of this case is justified and it is so decided as per Disposition.

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