(영문) 창원지방법원 2015.10.13 2014가단2832

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(영문) 창원지방법원 2015.10.13 2014가단2832

공사대금

Text

1. The Defendant shall pay KRW 39,556,00 to the Plaintiff the annual rate of KRW 20% from January 14, 2014 to the day of full payment.

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 through 6:

In around 2013, the Plaintiff entered into a subcontract with the File Port Work (hereinafter “instant subcontracted work”) from the Changwon Elementary School (hereinafter “instant construction”) which was ordered by the Changwon District Office of Education from the Domination Land Co., Ltd. (hereinafter “Domination Land”) and completed the said construction work.

(b)The drawing soil is proceeding with the instant construction.

The Defendant, as the construction cost creditor for drawing and painting cases including the Plaintiff, agreed with the construction business operator who had exercised the right of retention at the construction site of this case and acquired the instant construction work.

C. Accordingly, on June 17, 2013, the Plaintiff issued a tax invoice with the amount of KRW 50,556,000 to the Defendant, and paid KRW 11 million from the Defendant on August 13, 2013, but did not receive the remainder of the construction cost.

2. As shown in the above facts of recognition as to the cause of the claim, in light of the fact that at the time when the defendant takes over the construction of the instant construction project, the creditors, including the plaintiff, exercised the right of retention at the construction site of this case, the agreement with the lien holder was inevitable for the progress of construction project, and accordingly, the plaintiff and the defendant issued a tax invoice of KRW 50,556,000 to the defendant in lieu of the plaintiff giving up the right of retention and received KRW 11,00,000 out of the above construction cost, instead of giving up the right of retention, it is reasonable to deem that the defendant acquired the obligation to pay the subcontract price of this case to the plaintiff for the construction cost of KRW 50,56,000 from the defendant.

Therefore, the defendant shall pay 39,556,000 won to the plaintiff for the remainder of the subcontracted project in this case.

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