(영문) 부산지방법원 2018.02.20 2017가단7442

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(영문) 부산지방법원 2018.02.20 2017가단7442

공사대금

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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 65,00,000 and the interest rate thereon from February 28, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. On September 23, 2013, the Plaintiff, while running the Rotterdam construction business, concluded a contract with the Defendants for the remodeling project for the Mosel located in Busan and Daegu E (hereinafter “instant construction project”) with the cost of construction KRW 350 million (excluding value-added tax) and set the rate of damages for delay in payment as 25% per annum.

B. Since then, the Plaintiff entered into an additional construction agreement with the Defendants regarding the temporary installation works, the first floor and rooftop wooden works, the funeral works, and the internal household works, with the amount of KRW 30 million. The instant additional construction works, including the said additional construction works, were completed around July 2014.

C. Meanwhile, the Plaintiff returned KRW 100 million to the Defendants on December 24, 2013, when receiving KRW 200 million as the construction price, and returned KRW 100 million on January 20, 2014, when receiving KRW 200 million, and returned KRW 120 million on June 11, 2014, when receiving KRW 120 million, returned KRW 120 million, and when receiving KRW 120 million as the same day, the Plaintiff returned KRW 340 million.

The amount actually received by the Plaintiff is KRW 350 million.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 4, 6, 7, 9 through 11 (including paper numbers), witness F's testimony, and the purport of the whole pleadings

2. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed interest rate of KRW 65 million (i.e., the unpaid construction cost of KRW 35 million) and damages for delay calculated at the rate of 25% per annum, which is the day following the delivery date of the copy of the instant complaint, as the Plaintiff seeks.

The defendants asserted that the plaintiff did not perform the additional construction work.

However, the plaintiff's basic improvement and painting with respect to the outer wall of the Moel building, but the replacement of the outer wall was added, and on the first floor and rooftop of the building.

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