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Reasons
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(영문) 수원지방법원성남지원 2017.11.07 2015가단24491
공사대금
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1. The Defendant’s KRW 46,310,00 and the Plaintiff’s annual rate of KRW 5% from July 25, 2015 to November 7, 2017.

Reasons

1. Basic facts

A. On May 24, 2014, the Defendant concluded a subcontract for a construction project (hereinafter “instant construction contract”) with the Plaintiff for the production, supply, and installation of sculptures (three meters in diameter, nine meters in height, and hereinafter “instant sculptures”) to be installed in the said park, as follows.

Construction Contract

1. Order-placing person: bladeal electrical construction;

2. Supplier: The Bank of Bankruptcy; and

3. Details of supply of goods: The work to build and supply sculptures of each month;

4. Delivery place: within the D Park of a regular Eup/Myeon.

5. Delivery period: 120 days from the contract date (from May 24, 2014 to August 20, 2014);

6. Contract amount: 90 million won; and

7. Payment: Advance payment 40 million won - Any balance remaining 50 million won when a contract is concluded - Within 15 days after the completion of the supply.

8. Items and quantities of materials: One set of sculptures of a month;

9. Rate of penalty for delay: 0.1% of the contract amount per day immediately; 10. Guarantee of defects: Submission of defective performance securities (period of two years and twenty percent);

B. On December 29, 2014, the Plaintiff completed the installation of sculptures according to the instant construction contract, but was requested to completely re-production from the Si of Jung-Eup due to lack of expression in the natural month. Accordingly, on January 30, 2015, the Plaintiff completed installation of sculptures (2m in diameter and 12m in height) on a monthly basis, depending on the difference in size and color, etc.

C. The Defendant still has not paid the remainder of KRW 50 million among the construction price under the instant construction contract to the Plaintiff.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 4, and the fact inquiry results about the court's regular Eup

2. According to the judgment on the cause of the claim, the above facts revealed that the Plaintiff did not pay the Defendant the remainder of KRW 50 million even though the Plaintiff completed the production and installation of a monthly sculpture pursuant to the instant construction contract.

Therefore, barring any special circumstance, the defendant shall pay to the plaintiff the balance 50 million won.

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