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Reasons
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(영문) 대전지방법원 2018.10.31 2016가합104177
공사대금
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1. The Plaintiff, Defendant B, and Defendant C, Defendant C, KRW 23,534,971, and each of them, from May 10, 2018 to October 2018.

Reasons

Basic Facts

On June 23, 2013, between Defendant B and Sejong Special Self-Governing City, the Plaintiff entered into a contract with G, H, and Defendant C on June 24, 2013 to construct a new building with each construction cost of KRW 579,150,00 (including value-added tax) (hereinafter “each of the instant contracts,” and “the instant construction work”).

On September 2014, the Plaintiff completed the instant construction and delivered each of the instant buildings to the Defendants. The Defendants filed each registration of preservation of ownership on each of the buildings delivered around that time.

(2) The Plaintiff paid KRW 420,000,00 in total, from July 3, 2013 to April 19, 2016, and Defendant C paid KRW 477,50,000 in total, from June 25, 2013 to April 20, 2016, respectively, as the construction cost of the instant contract.

【In light of the fact that there is no dispute, Gap evidence Nos. 1, 2, 4, and 5 (if there are serial numbers, including each number; hereinafter the same shall apply) and the fact of the above finding as to the ground for the claim as a whole of the pleadings, barring any special circumstance, the defendant B is obligated to pay the plaintiff the payment of KRW 159,150,00 (= KRW 579,150,000 - KRW 420,000), defendant C is obligated to pay the payment for the work of the contract of this case (= KRW 579,150,000), and the payment for the delay thereof (= KRW 579,150,000 - KRW 477,50,000), and each of them.

When there is a defect in the contract of legal doctrine regarding the claim for damages in lieu of the defect repair of the defendants' defense, the orderer may claim the contractor for the compensation of the defect (Article 667 (1) of the Civil Act). The orderer may claim the compensation of the defect in lieu of the repair of the defect (Article 667 (2) of the Civil Act). In order for the orderer to claim the compensation of the defect, the defect is important or important.

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