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(영문) 광주지방법원 2021.01.22 2019가합55847
공사대금
Text

Of the instant lawsuits, part of damages for delay from March 1, 2019, 110,094,373 won and damages for delay from March 1, 2019.

Reasons

On November 30, 2017, the Plaintiff and the Defendant entered into a contract (hereinafter “instant contract”) with respect to the new construction of neighborhood living facilities C (hereinafter “instant building”) in Jeonju-si, setting the construction period from January 15, 2018 to October 30, 2018, and the contract amount of KRW 2.358 billion ( separate value-added tax) (hereinafter “instant contract”).

On October 31, 2018, the Plaintiff and the Defendant concluded a modified contract under which the scheduled date of completion of the instant contract was changed to December 31, 2018; and on December 31, 2018, the said scheduled date of completion was changed to January 31, 2019; and the actual completion was completed on February 28, 2019.

The Plaintiff’s sewage suppliers, including the Plaintiff, Defendant, and D, and E, agreed to pay the subcontract price directly to the sewage supplier in August and September 2018.

In accordance with the instant contract, the Plaintiff continued construction of the instant building. From April 26, 2018 to May 13, 2019, the Defendant paid KRW 2,188,963,682 to the Plaintiff and the subcontractor a total amount of construction cost under the instant contract (the details are as shown in the attached Table). The design of defective construction also requires the construction of file for the reinforcement of the ground on the surface, but the Plaintiff failed to construct it. However, there was a number of defects in the instant building built by the Plaintiff, such as the Plaintiff’s construction of the instant building, the construction of the fifth floor, the window frame surrounding each floor, and the destruction of the underground parking lot floor.

In order to repair the above defects, 298,242,664 won (i.e., cost of KRW 58,913,486 for non-execution of file files) is necessary to repair the defects in the underground parking lot of KRW 209,471,316.

On September 20, 2018, F, such as the seizure and collection order of a claim, seized the claim against KRW 77,894,595, out of the claim for the construction cost that the Plaintiff received from the Defendant (hereinafter “claim for Construction Cost”).

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