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(영문) 부산지방법원 2015.07.16 2014가합10680
공사대금
Text

1. The defendant shall pay 143,39,200 won to the plaintiff and 20% per annum from July 31, 2014 to the day of complete payment.

Reasons

Basic Facts

A. On June 19, 2012, the Plaintiff entered into a construction contract with the Defendant and Busan-gu Seoul-gu (hereinafter “instant building”) on the construction cost of KRW 315,00,000, and the construction period from June 20, 2012 to October 30, 2012 (hereinafter “instant construction contract”) and completed the construction of the instant building.

B. From June 26, 2012 to March 29, 2014, the Defendant paid KRW 171,600,800 in total as the construction cost under the instant construction contract over 17 occasions.

[Reasons for Recognition] Unsatisfy Facts, Gap evidence Nos. 1, 2, 4, 5, and 6 (including serial numbers), determination of the whole pleadings

A. According to the facts acknowledged prior to the determination on the cause of the claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 143,39,200 (i.e., the construction cost of KRW 315,00,000 under the instant construction contract - the total construction cost of KRW 171,60,800) and delay damages therefrom, barring any special circumstance.

B. The defendant asserts that the amount should be deducted because the plaintiff delayed construction of the building of this case and there are defects in the building of this case.

However, with respect to the delay in the construction of the instant building, it is insufficient to recognize that the construction of the instant building was delayed due to the reasons attributable to the Plaintiff solely with the evidence and materials submitted by the Defendant, and there is no other evidence to acknowledge it.

In addition, as to the existence of defects in the building of this case, the photographs submitted by the Defendant along with the written reply and the materials submitted on April 23, 2015 are insufficient to recognize them, and there is no other evidence to acknowledge them.

Therefore, the defendant's assertion is not accepted.

C. Accordingly, the defendant is entitled to the payment of the construction cost to the plaintiff KRW 143,39,200 and a duplicate of the complaint of this case as the plaintiff seeks.

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