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(영문) 춘천지방법원속초지원 2020.10.20 2019가단1369
공사대금
Text

1. The Defendant’s KRW 28,800,000 as well as 6% per annum from January 1, 2019 to October 20, 2020 to the Plaintiff.

Reasons

1. The party's assertion

A. The Plaintiff asserted that the Plaintiff entered into the first construction contract with the Defendant around August 2018, with the construction cost of KRW 73 million (hereinafter “instant construction contract”) with respect to D Building Remodelling located in Si of Si of Si of Si of Si of Si (hereinafter “the instant construction contract”). The Plaintiff paid KRW 4 million among the said construction cost and KRW 1 million including the installation cost for the 40 million and KRW 1 million among the construction cost, and completed the said construction in entirety. ② On November 201, 2018, upon receiving a request from the Defendant, the Plaintiff entered into an additional construction contract with respect to the items 11, including the 10,000,000 won for the installation cost for the 40,000 won and KRW 9,80,000 as the additional construction cost.

(Specific details are indicated in the attached Table). However, the Defendant is obligated to pay to the Plaintiff a total of KRW 53.2 million from August 10, 2018 to October 17, 2018. The Defendant is obligated to pay to the Plaintiff the construction cost of KRW 34.6 million (= KRW 9.8 million - KRW 53.2 million) payable to the Plaintiff.

B. Defendant 1) At the time of entering into a construction contract, the contract price was agreed to be KRW 73 million, and thus, the unpaid construction price was KRW 19.8 million. 2) As there was a defect in the part executed by the Plaintiff, and the Defendant paid KRW 5,607,00 in addition to the defect repair cost, the said amount as compensation in lieu of the defect repair should be deducted from the unpaid construction price.

2. Determination

A. First, the fact that the Plaintiff and the Defendant concluded a construction contract with construction cost of KRW 73 million in relation to the instant construction project around August 2018 can be acknowledged by comprehensively taking into account the purport of the entire pleadings in the evidence No. 1, or there is no dispute between the parties.

B. In relation to the above construction contract, the Plaintiff asserted that the Plaintiff agreed to be separately paid KRW 4 million for additional construction cost of KRW 40 million for the aforementioned construction cost, and for the installation cost for the dives and dives and dives and dives and dives and dives and dives and s

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