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(영문) 대전지방법원 천안지원 2017.04.27 2016가단102371
공사대금
Text

1. The Defendant’s KRW 28,542,80 for the Plaintiff and its related KRW 6% per annum from October 30, 2015 to March 17, 2016.

Reasons

1. Basic facts

A. On September 1, 2015, the Defendant entered into a contract with the Plaintiff for the outdoor electric power line construction works of Same Heavy Industries (hereinafter “instant construction works”) with the Plaintiff on a contract basis of KRW 64,870,00 (Additional tax separate) not later than September 30, 2015, and the advance payment of KRW 30% (19,461,00) within 10 days after submission of contract documents, filing of application for payment, and receipt of tax invoices; KRW 30% of intermediate payment (19,461,00) within 10 days after receipt of tax invoices at the time of completion of the supply of materials; and KRW 40% of the remainder (25,948,00) within 10 days after receipt of tax invoices at the time of completion of the construction work (hereinafter “instant contract”).

B. The Plaintiff completed the instant construction within the construction period, and received the down payment and intermediate payment from the Defendant, and the unpaid construction cost remains in total of KRW 25,948,00 and KRW 28,594,800.

C. On the other hand, on October 19, 2015, the Plaintiff issued electronic tax invoices of KRW 28,542,80 (i.e., value 25,948,000 (value 2,594,80).

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the payment amount of KRW 28,542,80 for the unpaid construction cost and the damages for delay at each rate of 15% per annum under the Commercial Act from October 30, 2015 to March 17, 2016, the delivery date of a copy of the complaint in this case, from October 30, 2015, which is the day after the date of issuance of the tax invoice, and from the next day to the day of full payment.

3. Judgment on the defendant's assertion

A. First, the defendant asserts that since the result of cable signal chain chain that the plaintiff had been performing in the contract in this case failed to conduct verification and correction, the construction cost of 2,493,825 won should be deducted from the unpaid construction cost.

The defendant shall conduct the examination and correction of this part.

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