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(영문) 의정부지방법원 2017.04.21 2015가단30671
공사대금
Text

1. The Defendant’s KRW 60,920,00 for the Plaintiff and 6% per annum from September 4, 2015 to April 21, 2017, and the following.

Reasons

1. The facts subsequent to the facts of recognition are either in dispute between the parties or in accordance with Gap evidence No. 1, Gap evidence No. 2 (no dispute over establishment), Eul evidence No. 1, and the whole purport of the pleadings.

On July 10, 2013, the Plaintiff entered into a contract with the Defendant for a construction project for the extension and remodeling of a factory building (hereinafter “instant construction project”) on the land B in Scheon-si (hereinafter “instant construction project”) with the Defendant, with the construction cost of KRW 100,000,000,000,000,000 for the intermediate payment, and with the remainder of KRW 81,00,000,000,000 at the time of a bank loan after completion of the construction project

B. On August 14, 2013, the Plaintiff completed the instant construction project.

C. The Defendant paid KRW 39,80,000 among the instant construction cost, but did not pay the remainder of the construction cost of KRW 60,920.

On May 2, 2014, the Defendant: (a) made a balance certificate (Evidence A2) stating that the Plaintiff paid KRW 39,080,000 out of the construction price of the instant case to the Plaintiff; and (b) made it available to the Plaintiff a balance certificate (Evidence A2) that the remaining construction price was not paid.

E. On November 24, 2015, the Defendant filed an application for simplified rehabilitation with the District Court 2015 Madan510, and this Court issued a decision to commence simplified rehabilitation with respect to the Defendant. On May 25, 2016, the Defendant abolished rehabilitation procedures.

2. The assertion and judgment

A. According to the above facts finding as to the Plaintiff’s claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 60,920,000 (=10 million - 39,080,000) and damages for delay.

B. (1) The defendant's assertion regarding the defendant's assertion (1) is based on the defendant's obligation to pay the construction price with the amount of damages equivalent to the non-construction defect as automatic bond, since the plaintiff's failure to construct a dormitory, board, rest place, toilet tent construction, electricity distribution construction, sewage drainage construction, fluence replacement construction, warehouse-type building connected to the above factory building, etc. during the construction of this case.

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