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(영문) 창원지방법원 2018.11.01 2018가단155
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 94,70,000 and the interest rate of KRW 15% per annum from December 6, 2017 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On November 18, 2016, the Plaintiff entered into a subcontract with the Defendant on the construction period of reinforced concrete construction among the Dmate Construction Works contracted by the Defendant with respect to the construction of reinforced concrete, which is KRW 121,00,000 (including value-added tax) from November 18, 2016 to January 31, 2017. The Plaintiff did not receive KRW 81,00,000 out of the said construction price. (2) The Plaintiff did not receive KRW 5,70,000 in relation to the said subcontract.

B. The Plaintiff, while carrying out the construction of reinforced concrete among the aforementioned construction works, performed the construction of reinforced concrete, and performed the construction of a temporary pentle in the E Hospital construction site, which is the Defendant’s other construction site. 2) The cost of the construction of the said temporary pentle is KRW 8 million (=600,000,000,000,000,000 won (i.e., the installation cost of soundproof board).

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 6, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint in this case, to the day of full payment, for the amount of KRW 86.7 million for the unpaid construction cost related to reinforced concrete construction (i.e., the additional construction cost of KRW 5.7 million for the original construction cost).

B. The defendant's assertion is asserted to the effect that there was an industrial accident at the construction site of the Fvalescent Construction Corporation, a new construction site of another construction site which entered into a subcontract with the plaintiff, and that there is no construction cost payable if the amount of the damages is deducted from the payment of the unpaid construction

However, even if this court's repeated proof is established, the defendant is not able to assert or prove the cause of the claim or the amount of damages.

The defendant's argument is further examined.

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