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(영문) 수원지방법원안산지원 2015.04.30 2014가합6449
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 111,100,000 as well as 20% per annum from October 25, 2014 to the date of full payment.

Reasons

1. On December 27, 2013, the Plaintiff and the Defendant concluded a subcontract with the Defendant for the construction of traffic safety facilities and CCTV facilities (hereinafter “instant construction”). On April 25, 2014, the Plaintiff entered into an additional subcontract with the Defendant for the construction of KRW 128,080,00 (excluding value-added tax) for the instant construction; the Plaintiff completed the instant construction including the additional construction; the Plaintiff’s completion of the construction; the Plaintiff and the Defendant stated the total construction cost of KRW 473,00,000 (including value-added tax) or KRW 300,000 as the total construction cost of each of the instant subcontract; the Defendant concluded a subcontract for the construction cost of KRW 352,00,00 as the total construction cost of the instant construction; and the purport of KRW 300,000,000,000 as the total construction cost of the instant construction cost of KRW 128,000,304,205,201.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 11,100,000 (=473,000,000 - KRW 361,90,000) and damages for delay at the rate of 20% per annum prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from October 25, 2014 to the date of full payment, as the Plaintiff seeks.

2. The defendant's assertion argues that the defendant may refuse the plaintiff's claim for construction cost until the compensation is made, since CCTV defects installed by the plaintiff have occurred.

The defendant's above assertion is without merit, since there is no evidence to prove that there is a defect in the defendant's assertion in the part executed by the plaintiff.

3. In conclusion, the plaintiff's claim of this case is reasonable and acceptable.

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