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(영문) 대구지방법원서부지원 2015.08.27 2015가합1148
공사대금
Text

1. The Defendant’s KRW 186,709,860 for the Plaintiff and KRW 6% per annum from March 1, 2015 to August 27, 2015.

Reasons

1. Facts of recognition;

A. On November 12, 2014, the Plaintiff concluded a contract with the Defendant for the installation of the structure for solar power infrastructure installation works (hereinafter “instant construction works”) by setting the construction cost of KRW 410,190,00, and the construction period from November 12, 2014 to December 10, 2014, with the construction cost of KRW 0.15% per day for delay penalty, and completed the construction work on January 4, 2015.

B. The Defendant did not pay 189,171,000 won out of the construction cost to the Plaintiff.

[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings

2. According to the above findings of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 189,171,000 and the delay damages therefor.

3. Judgment on the defendant's defense, etc.

A. The Defendant asserted the offset based on the claim for liquidated damages, even though the deadline for construction was set up until December 10, 2014, inasmuch as the construction was completed on January 4, 2015, and the 15,382,125 won for the 25 days delayed due to the completion of construction works on January 4, 2015, the Defendant asserted that the claim for liquidated damages would be offset against the Plaintiff’s claim for liquidated damages by the amount equal to the Plaintiff’s claim for construction payment. As such, the Plaintiff asserted that the period for construction was set up by December 31, 2014, the number of delayed days is four, and the penalty for liquidated damages is more than 2,461,140 won.

The term of construction at the time of the instant construction contract was determined as of December 10, 2014, and the Plaintiff completed the instant construction project on January 4, 2015, as seen earlier. However, according to the evidence evidence Nos. 4, 5, and No. 1, the term of construction contract between Young-Nam Energy Service Co., Ltd. and the Defendant, the ordering person, was changed to December 29, 2015 until January 5, 2015, and the construction payment that was unpaid to the Plaintiff on March 31, 2015, which is the completion date of the instant construction contract, was changed to the first time until December 29, 2014.

5.29., 29. The same year

6.15. The interest for arrears paid in installments and paid in 3,500,000.

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