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(영문) 수원지방법원성남지원 2020.07.22 2019가단200101
공사대금
Text

Defendant:

A. As regards Plaintiff A’s KRW 153,00,000 and KRW 100,000 among them, from August 31, 2017 to 53,000.

Reasons

1. Determination on the cause of the claim

A. On August 12, 2015, the Plaintiff received a supply of KRW 542,00,000 from the Defendant for the new construction of D-based religious facilities in Gwangju-si. 2) The Plaintiff and the Defendant entered into an agreement on the settlement of construction cost on May 10, 2017 (hereinafter “instant agreement”) with the Plaintiff to pay KRW 153,00,000 for the construction cost, on which the Defendant paid KRW 100,000 for the Plaintiff on August 30, 2017; and ② the Defendant directly pays KRW 18,00,000 for the Plaintiff, a subcontractor, by August 30, 2017; and ② the Defendant directly pays KRW 18,00,000 for the construction cost to the Plaintiff by August 30, 2017; and ③ the Defendant directly determines the rate of delay damages by August 30, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 7 evidence, purport of the whole pleadings

B. If so, the Defendant is liable to pay the Plaintiff KRW 153,00,000 as well as KRW 100,000 as well as KRW 100,00 as to the Plaintiff A from August 31, 2017, KRW 53,000 as to the damages for delay calculated at the rate of 25% per annum as the Plaintiff seeks, from October 1, 2017 to the date of full payment, and from the date of full payment, from August 31, 2017 to the date of full payment, the damages for delay calculated at the rate of 25% per annum as the Plaintiff seeks.

2. Judgment on the defendant's assertion

A. The defendant claimed the falsity of the construction work details that the plaintiff did not actually implement, and the defendant did not recognize such circumstances and agreed to this case, and since there were defects in the construction work executed by the plaintiff after the contract of this case, it asserts that the price for the non-execution and the non-execution shall be reduced.

B. However, each statement of Eul evidence Nos. 1 through 6 (including serial numbers) shall include the contents concerning the payment of the construction price that the plaintiff did not enforce in the instant agreement, as alleged by the defendant.

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