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(영문) 서울중앙지방법원 2015.09.11 2015가단7211
공사대금
Text

1. The Defendant’s KRW 22,400,00 and the Plaintiff’s annual rate of KRW 5% from January 11, 2014 to May 29, 2015.

Reasons

According to the purport of Gap evidence Nos. 1 through 7 and the whole pleadings, the plaintiff entered into a subcontract with the defendant on September 11, 2013 with respect to the substitute construction among the Seocho-gu Seoul building, with a period of 132 million won and up to October 20, 2013, and completed construction works until January 10, 2014 after agreement with the defendant on construction schedule. The defendant changed the building volume from 25 million won to 15 million won and constructed the building volume on December 20, 2013, with a construction cost of 250 million won to 200,000 won and additional construction cost of 250,000 won and additional construction cost of 25,000 won to the plaintiff on September 16, 2013, the defendant is obligated to pay the construction cost of 20,000 won and additional construction cost of 20,000 won to 301,000 won and additional construction cost of 1.5 million won.

As to this, the defendant did not complete the construction work during the construction period and caused compensation for delay.

or 1 million won paid at the expense of the other company's injury shall be deducted from the construction cost and there is a non-construction part or defect in the plaintiff's work.

In addition, the plaintiff asserts that the plaintiff should issue the defective performance bond, but the plaintiff should bear the unfair cost of the other company by not giving compensation for delay, since the plaintiff had been performing the construction of this case after consultation with the defendant, the evidence presented by the defendant alone is not sufficient.

The existence of a non-construction or defect during the Plaintiff’s construction is not recognized, and the Plaintiff and the Defendant are not specified in the instant contract.

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