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(영문) 의정부지방법원 2018.12.11 2018가단5058
공사대금
Text

1. The Defendant’s KRW 4,500,000 as well as annual 6% from March 28, 2018 to December 11, 2018, and the next day.

Reasons

1. As to the cause of claim

A. (i) On April 1, 2016, the Plaintiff was awarded a contract for the installation of the Defendant’s factory building (s team, hot water, and hot water cooling) located in the Macheon-si, Macheon-si (Sacheon-si) from the Defendant (Lacheon-si, a leather, manufacture, sale, and clinical processing company) for KRW 500 million.

Shed construction details are prepared 1, 2, 1, 2, 2, 1, 2, 3 of the factory building, and construction of facilities such as cold and hot water in the development room, s team pipes, etc.

Fidelity Defendant operated a factory on January 2017 through a trial run.

Applicant on October 17, 2017, the Plaintiff inspected deficiencies with the Defendant’s related parties, and completed supplementary construction on October 22, 2017, including the leakage of hot water pipes and s team pipes. On October 25, 2017, the Defendant remitted KRW 10 million to the Plaintiff on October 25, 2017.

(v) the Defendant did not pay to the Plaintiff KRW 40 million out of the construction balance of KRW 100 million.

⑹ 한편 원고는 서울보증보험 주식회사와 피보험자는 피고, 보험가입금액은 5,000만 원, 보험기간은 2017. 12. 25.부터 2018. 12. 24.까지로 정한 하자보증보험계약을 하고, 2018. 1. 23. 피고에게 보험증권을 교부하였다.

【Evidence A’s Evidence Nos. 3, 6, 7, 1-2, 6-2, 7-1, 7-2

B. According to the above facts, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 40 million.

2. As to the defendant's assertion of defects

A. Both claims (i.e., the Defendant is unable to produce hot water because of the damage of the team pipes inside the water tank inside the water tank in Adong 1 floor, and the water tank in A Dong 1 floor is responsible for the function of producing and connecting hot water and supplying hot water necessary for each process through pipes connected to the water. The method of the Defendant’s assertion is as follows.

[However, the manufacturing process of hot water claimed by the Plaintiff is different (see, e.g., preparatory documents in June 29, 2018). ① The wall of a water tank is generated in the air cooling pipe supplied outside the water tank, and (b) the water tank.

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