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(영문) 광주지방법원 2020.11.13 2020가단7076
공사대금
Text

The defendant shall pay 63,00,000 won to the plaintiff and 12% per annum from May 7, 2020 to the day of complete payment.

Reasons

Comprehensively taking account of the respective descriptions and arguments in Gap evidence Nos. 1 and 2, the Plaintiff entered into a contract for construction works with the defendant on November 12, 2018 with regard to the construction of machinery and equipment (including value-added tax) and the construction period from September 23, 2018 to March 24, 2019; however, on May 24, 2019, the Plaintiff entered into a contract for construction works, the construction period of which is 530,200,000, and the construction period of which is changed from September 22, 2018 to May 31, 2019 (hereinafter “instant construction contract”); the Plaintiff completed the construction works in accordance with the instant construction contract, but the Defendant did not pay 63,000,000 won out of the construction price.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 63,00,000 won for the unpaid construction cost under the construction contract of this case and damages for delay calculated at the rate of 12% per annum from May 7, 2020 to the day of complete payment, as requested by the plaintiff, from May 7, 2020 to the day of complete payment.

In regard to this, the defendant alleged to the effect that there exists a defect in the construction work performed by the plaintiff, and thus, the defect repair cost should be deducted from the unpaid construction cost, but it is not sufficient to recognize the same only with the statement of Nos. 1 and 2, and there is no other evidence to acknowledge it. Therefore, the defendant'

Therefore, the plaintiff's claim of this case is reasonable, and it is decided as per Disposition by admitting it.

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