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(영문) 춘천지방법원원주지원 2017.08.24 2016가합6497
공사대금
Text

1. The Defendant’s KRW 202,454,001 to the Plaintiffs and 6% per annum from August 28, 2015 to August 24, 2017.

Reasons

1. Basic facts

A. On July 31, 2012, the Plaintiffs, who are engaged in civil engineering and construction business, etc., and received contracts from the Defendant, who is engaged in the business of acquiring and developing land, etc. (hereinafter “instant construction business”), for the construction period from August 6, 2012 to July 31, 2015, respectively, by setting the period of construction as 1/1,000 per day per annum.

B. On July 31, 2015, the Plaintiffs submitted an inspection of completion to the Defendant on the completion of the instant construction, but, during the instant construction, the events and packing works in the part 6 neighboring green parks and 1 river parks and 8 riverside parks (hereinafter “bennae Packaging Works”) were omitted.

Accordingly, the plaintiffs again submitted a completion inspection report to the defendant on August 13, 2015 after executing the benna packing construction.

C. The construction cost of the instant construction was settled at KRW 16,185,037,00. The Defendant paid only KRW 15,962,06,00 among the construction cost to the Plaintiffs, and did not pay the remainder of KRW 222,971,00 (=16,185,037,000 - KRW 15,962,066,00).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 8, 13, and 14 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiffs cannot be deemed to have failed to complete the relevant construction works with the omission of the packing work of the relevant construction works, and thus, it cannot be deemed that the Plaintiffs had the liability to compensate for the delay. Even if the delay of the instant construction works is delayed, the construction works of the relevant construction works, No. 4 neighboring parks, No. 6 neighboring parks, and riverside parks may be divided from other construction works, and the construction of the relevant construction works may be divided from other construction works.

However, the Packaging Corporation is included in the parts of Nein Park 6, the riverside Park 1, and the riverside Park 8, and the construction cost of this part only shall be 377,397.

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