(영문) 부산지방법원 2016.07.14 2015가단35863

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(영문) 부산지방법원 2016.07.14 2015가단35863

공사대금

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1. The Defendant’s KRW 48,306,950 for the Plaintiff and KRW 5% per annum from May 27, 2015 to July 14, 2016.

Reasons

1. Basic facts

A. On December 4, 2014, the Plaintiff and the Defendant concluded a subcontract agreement for construction works (hereinafter “instant construction contract”) with respect to the interior, light, light, and other construction works (hereinafter “instant construction works”) among the new construction works A during the period of macro-city A (hereinafter “instant construction works”).

The project owner: The name of the main contract for the construction of a new project: The name of the main contract for the construction of a new project: The contract price on January 30, 2015: the payment of the price for the construction of KRW 165,00,000 for the completed construction on December 4, 2014: The payment of the price for the construction of KRW 165,00: the payment of the price for the construction of KRW 20% intermediate payment of KRW 50: the remainder of KRW 50% (payment immediately after the completion of the contract) and the warranty period: The warranty period based on the standards for the place of the order: the warranty period shall be calculated on the basis of the drawings: 0.1% of the total construction period; all the construction works shall be executed on the basis of the drawings; and the additional construction works shall be adjusted later, in principle, by additional construction works recognized by the project owner.

In principle, this contract shall be issued with a tax exemption invoice and shall be entered into at a price including value added tax.

B. Around February 15, 2015, the Plaintiff completed the remainder of the instant construction works, excluding the construction cost of KRW 9,268,050, among the instant construction works.

C. On January 30, 2015, B of the instant construction project, the head of the Defendant’s site office prepared and delivered to the Plaintiff a statement of performance (hereinafter “instant performance statement”) that the Defendant is not liable to the Plaintiff for all of the following matters: (a) the construction performed at the Defendant’s request, matters regarding the construction period; (b) the repair of defects; (c) the repair of defects; and (d) the defect repair rate; and (e) the warranty liability.

On March 2, 2015, the Defendant received the progress payment from Sco Co., Ltd., the owner of the instant construction project.

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