logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2017.05.18 2016가단21280
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 61,00,000 and the interest rate of KRW 15% per annum from May 26, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On October 22, 2015, the Defendant awarded a contract to the Plaintiff for painting and waterproof construction work among the newly constructed construction works on a parcel No. 74,460,000 (including value-added tax) on the land, Jeonnam-gun, Nannam-gun, and one parcel. The relevant content of the contract signed at the time is as follows:

Article 1 (Details of Construction Works)

9. Warranty liability: it shall be a defect-backed warranty;

(The contract bond may be replaced with the contract bond, and the shortage may be claimed when the performance bond is not submitted).

2. The contract bond under paragraph (1) may be paid in a letter of guarantee issued by the following institutions:

1) Guarantee for the issuance of each mutual aid association under Article 54(1) of the Framework Act on the Construction Industry

1. In order to guarantee the repair of defects of a construction project, the plaintiff shall pay to the defendant the amount calculated by multiplying the security deposit for repairing defects as set out in the contract by the rate of the security deposit for repairing defects and until the price for the construction is paid in cash or as a letter of guarantee issued by the guarantee agency

B. On November 2, 2015, the Plaintiff paid 20,000,000 won to the Defendant as defect bond, and received payment from the Defendant for construction price of KRW 40,000,000 on the same day and KRW 25,000,000 on December 3, 2015.

C. The Defendant affixed a seal to the Plaintiff on the certificate of completed construction performance, which includes the contract amount and completed amount of the painting construction work as well as the contract amount and completed amount of the waterproof Construction Work as KRW 40,000,00.

On May 18, 2016, the Plaintiff issued a contract amount of KRW 106,00,000, the guaranteed amount of KRW 3,180,000, and the warranty period and the warranty period of the defect repair liability from May 10, 2016 to May 9, 2017 to the Defendant, and issued the warranty bond to the Defendant around that time.

[Ground of recognition] The fact that there is no dispute, Gap 1, 6-8, Eul 1, 3, and the purport of the whole pleading

2. The assertion and judgment

A. Determination on the cause of the claim 1.

arrow