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(영문) 광주지방법원 2019.06.13 2019가단2587
공사대금
Text

1. As to the Plaintiff KRW 98,790,00 and KRW 93,351,300 among them, the Defendant shall pay to the Plaintiff KRW 5,438,700 from January 15, 2019.

Reasons

1. Facts of recognition;

A. The Defendant entered into a contract between the Plaintiff and the Plaintiff to subcontract to the Plaintiff a sub-construction among the secondary new construction works of the C Apartment with the amount of KRW 79,690,00,00 including value-added tax, and the warranty bond of KRW 2,390,700 including the warranty bond.

B. In addition, the Plaintiff and the Defendant entered into a contract with the Plaintiff to subcontract soil construction among D neighborhood living facilities with the amount of KRW 101,600,000 including value-added tax, and the warranty bond of KRW 3,048,00 for the warranty bond of KRW 3,00.

(hereinafter the above two construction contracts are referred to as “instant construction contracts”). C.

Although the Plaintiff completed the instant construction work around June 30, 2018, the Plaintiff was not paid KRW 98,790,000 out of the agreed construction cost of KRW 181,290,000 (= KRW 79,690,000).

On April 8, 2019, the Plaintiff issued a warranty bond of KRW 5,438,700 (i.e., KRW 2,390,700, KRW 3,048,000) under the instant construction contract by E Union and sent it to the Defendant. On April 9, 2019, the Plaintiff sent the warranty bond to the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 93,351,300,00 (= KRW 98,790,000 - 5,438,700), excluding the construction cost of KRW 98,790,000 and the remainder of the construction cost of KRW 93,351,30,000, excluding the amount guaranteed for the repair of defects (i.e., KRW 98,790,00) from January 15, 2019, the day following the delivery date of the copy of the complaint in this case; and (ii) from April 10, 2019 to June 13, 2019, the damages for delay calculated at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.

Thus, the plaintiff's claim of this case is reasonable within the above scope of recognition, and the remaining claims are accepted.

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