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(영문) 전주지방법원 2017.05.24 2016가단23276
공사대금
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1. The Defendant shall pay to the Plaintiff KRW 120,00,000 and the interest rate of KRW 15% per annum from August 24, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On November 30, 2015, the Plaintiff was awarded a subcontract for the part of reinforced concrete construction work (hereinafter “instant construction work”) from the Defendant, among the building works in South Won-won C (hereinafter “instant construction work”) and drafted a standard subcontract agreement for the construction work with the Defendant.

B. The above subcontract document shall contain the following contents:

The construction site: The contract price of KRW 261 million for the first time on December 1, 2015:

C. The Plaintiff received KRW 100 million from the Defendant after completion of the part of the second floor among the instant construction works, and completed the fourth floor among the instant construction works, which was executed on May 1, 2016.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the unpaid construction cost of KRW 120 million from the construction cost of up to the fourth floor of the instant construction project to the date of full payment (the day following the delivery of a copy of the instant complaint) and damages for delay calculated at the rate of 15% per annum from August 24, 2016 to the date of full payment (the day following the delivery of a copy of the instant complaint).

B. As to the judgment of the defendant's assertion, the defendant alleged that the construction cost cannot be paid until the defect repair is completed due to the defect in the part constructed by the plaintiff, but the defendant's assertion is not accepted since there is no evidence to acknowledge it.

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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