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(영문) 창원지방법원 통영지원 2018.08.21 2018가단2522
공사금
Text

1. The Defendant shall pay to the Plaintiff KRW 167,087,250 as well as 15% per annum from May 18, 2018 to the date of full payment.

Reasons

1. The Plaintiff entered into a subcontract with the Defendant on November 14, 2014 with regard to the construction cost of the “A-Newly constructed construction of detached Housing” (hereinafter “instant construction”) at KRW 273,00,000, with regard to the title and glass construction among the “A-built construction of detached Housing” (hereinafter “instant construction”). After the Plaintiff completed the instant construction, the Plaintiff and the Defendant determined the balance of the subcontract price for the instant construction work at KRW 167,087,250 as the cost of construction work on September 2, 2015 may be recognized either as having no dispute between the parties, or as having determined the said balance of the subcontract price as KRW 167,087,250 by either

According to the above facts, the Defendant is obligated to pay to the Plaintiff the remaining construction cost of KRW 167,087,250 and damages for delay calculated at the rate of 15% per annum from May 18, 2018 to the date of full payment, as the Plaintiff seeks.

2. The defendant's argument regarding the defendant's assertion that although the construction work was completed after being awarded a contract by B, who is the ordering person of the "A's new construction work of detached Housing", the defendant filed a lawsuit for claiming the construction cost under the Changwon District Court's Tong-gu Branch 2016Gahap451, because B did not pay the construction cost, and the appellate court of the above lawsuit (Seoul High Court 2017Na20732) alleged that B cannot pay the construction cost as a joint and several surety for the subcontractor including the plaintiff, and that mediation is concluded in light of this, the subcontract price requested by the plaintiff shall be paid by B and that the defendant has no obligation to pay it.

However, even if the defendant filed a lawsuit against B, who is the ordering person, to pay the subcontract price as a joint and several surety to the subcontractors including the plaintiff, and the mediation has been reached between the defendant and B.

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