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(영문) 인천지방법원 2018.08.31 2015가단232599
공사대금
Text

1. The Defendant’s KRW 142,00,000 as well as the annual rate of KRW 6% from September 3, 2015 to August 31, 2018, and the following.

Reasons

1. Facts of recognition;

A. On September 23, 2013, the Plaintiff was awarded a contract with the Defendant for D&D (hereinafter “instant construction”) with the amount of KRW 242 million in payment, the construction period from September 23, 2013 to November 15, 2013, and one year after the completion of the defect security liability period.

B. On December 27, 2013, the instant construction project completed the scheduled process of interior interior interior interior interior interior interior interior interior interior, and completed the construction of major structural parts of the building as agreed upon, and on January 3, 2014, the registration of ownership preservation was completed in the name of the Defendant as to the instant factory building newly constructed on January 3, 2014.

C. On January 2, 2014, the Defendant paid to the Plaintiff KRW 30 million as the instant construction cost, KRW 50 million on February 10, 2014, and KRW 100 million on May 15, 2014.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 2 through 5, Gap evidence 7-1 and 2, video, appraiser E's defect appraisal result, the purport of the whole pleadings

2. In light of the above facts, it is reasonable to deem that the instant construction was completed around December 27, 2013 by the Defendant, after completion of the completion inspection of the instant construction and registration of preservation of ownership, on the ground that the instant construction was completed, and the instant construction was completed around December 27, 2013.

(2) The Plaintiff’s assertion that the construction work in this case has not yet been completed cannot be accepted). The Defendant’s remainder of the construction work to be paid to the Plaintiff is KRW 142 million (=the contract price of KRW 242 million - the contract price of KRW 100 million already paid to the Plaintiff).

The plaintiff is the defendant's defendant only with the descriptions of Gap's 6, 8, 9, 17 through 22, Gap's 14-1 through 4, Gap's 15 and 16-1, 2, and 3.

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