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(영문) 서울중앙지방법원 2019.07.05 2017가단8065
공사대금
Text

1. The Defendant’s KRW 4,569,405 with respect to the Plaintiff, and KRW 5% per annum from January 12, 2017 to July 5, 2019, and the next day.

Reasons

1. Facts of recognition;

A. On August 27, 2015, the Plaintiff entered into a subcontract with the Defendant with the content that the construction period for the electrical construction among the new housing construction works located in Pyeongtaek-gun and six parcels of land (hereinafter “instant construction works”) shall be from August 27, 2015 to December 30, 2015, and the construction price shall be KRW 83,600,000 (hereinafter “instant contract”).

B. On July 14, 2016, the Plaintiff entered into a subcontract with the Defendant to increase the construction period for the instant construction work from August 27, 2015 to July 20, 2016, and to increase the construction cost in KRW 133,100,000 (hereinafter “instant modified contract”).

C. On July 20, 2015, the Plaintiff completed the instant construction work.

As to the instant construction work, the Defendant paid KRW 77,294,302 to the Plaintiff on September 24, 2015, including KRW 28,600,000, KRW 11,000 on December 28, 2015, KRW 32,194,302 on March 14, 2016, KRW 5,000 on June 27, 2016, and KRW 77,294,302 on November 30, 2016.

E. However, there are defects in the construction of this case, and the scope of the defect repair and construction cost are as follows.

Of the electrical construction cost 1, the non-use charges due to pipes related to the outside, etc. of the entire external part of the distribution pipe and the non-use charges due to the failure to install the distribution pipe 5,182,874 won due to the failure to install the distribution pipe emulsion and inundation due to the failure to install the distribution pipe emulation of the total external disclosure pipe 5,182,874 won 2 from among the electrical construction of 349,900 won, the external lighting outside, etc. of the external lighting work (a Dong-dong rooftop name, total garden number, total floor number, total floor purchase, etc.), and the outer lighting, etc. of the flood part left alone (a Dong-dong rooftop name, total floor number, total floor purchase, etc.) and the outside lighting, electric wires, electric wires, CD and CDs total reconstruction of the electrical telecommunications pipe 28,189,895 won and the total installation charges due to the failure to secure the drainage hole, etc. of the entire electrical construction site.

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