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(영문) 서울중앙지방법원 2020.06.25 2019가합588524
공사대금
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 242,00,000 and its amount from March 1, 2019 to August 9, 2019.

Reasons

1. Determination as to the Plaintiff’s claim against Defendant B

A. In light of the overall purport of the arguments in Gap's evidence Nos. 1 through 4, and 6 (including branch numbers), the defendant Company B (hereinafter "the defendant Company") was awarded a contract from the ordering person E for the "new construction of business facilities located in Gangnam-gu". The defendant Company subcontracted the plaintiff on June 28, 2017 the construction cost of the machinery and equipment, machinery, and fire fighting work (hereinafter "construction work in this case") of the above new business facilities to the plaintiff on KRW 231,00,000, the above subcontract between the plaintiff and the defendant company was 473,00,000,000 (including the increase of construction cost of KRW 242,00,000) on June 20, 2018, and the period of construction from June 30, 2017 to February 28, 2019 (hereinafter "the subcontract contract in this case"), the plaintiff was modified by the plaintiff and the defendant company as part of the subcontract in this case.

Therefore, the Defendant Company is obligated to pay the Plaintiff the construction price of KRW 242,00,00 ( KRW 473,000,000 - KRW 231,000,000) remaining after the completion date of the instant construction project, plus 6% per annum under the Commercial Act from March 1, 2019 to August 9, 2019 when a duplicate of the complaint of this case was served on the Defendant Company, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.

B. As to the determination of the Defendant Company’s assertion, the Defendant Company may pay the remainder of the construction work as the Plaintiff did not comply with the request for repair of defects in the instant construction work.

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