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(영문) 창원지방법원통영지원 2017.08.23 2016가단5657
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. On January 2014, the Plaintiff completed construction by being awarded a contract with the Defendant for reinforced concrete and non-structured construction (a construction cost of KRW 800 million; hereinafter “officetel construction”) from among the construction works of Tong-si B Officetels.

On December 2014, the Plaintiff completed the subcontracted construction by receiving the multi-family house construction (the construction cost of KRW 650 million; hereinafter “multi-family house construction”) located in C from the Defendant.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that the construction cost of an officetel was not paid KRW 49,468,69 among the construction cost of the officetel.

However, according to the statement in Eul evidence Nos. 1 (including the paper number), the defendant can recognize that the defendant will pay the plaintiff KRW 801,331,057 (including KRW 47,01,057 on behalf of the defendant for the material price to be paid by the plaintiff) as the construction cost of officetels.

Therefore, we cannot accept the Plaintiff’s assertion related to the construction cost of officetels.

B. The plaintiff asserts that part of the multi-family house construction was not paid KRW 105,908,790 among the construction cost of the multi-family house.

However, according to the evidence Nos. 3 (including the provisional number), the defendant paid 548,263,030 won as the construction cost of multi-family house to the plaintiff (=283,480,000 won paid to the plaintiff directly to the business that the plaintiff is liable to pay the construction cost).

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the payment amount of KRW 101,736,970 (=650,000,000 - KRW 548,263,030).

The defendant asserts that the payment cannot be made until the completion of the defect repair in the multi-family house.

If there is any defect in the object completed in a contract for work, the contractor may request the contractor for the repair of the defect, and the defect is.

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