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(영문) 수원지방법원 성남지원 2018.10.31 2017가단204833
공사대금
Text

1. The Defendant’s KRW 39,853,895 as well as the Plaintiff’s KRW 6% per annum from March 17, 2017 to October 31, 2018.

Reasons

1. Basic facts

A. On August 6, 2015, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant to conclude a new construction contract for the Defendant’s military production plant (hereinafter “instant construction”) on the ground of the 617th page of the Livestock Industry (hereinafter “instant construction”) on August 6, 2015.

- Period from August 10, 2015 to November 30, 2015 - Construction cost of 850,250,000 won (including value-added tax) - 80,000 won for down payment, 100,000 won for the first time, and one year after completion of the remainder of the warranty liability period - one year after completion of the warranty liability period.

B. The Plaintiff completed the instant construction project and obtained approval for the use of a new building on October 26, 2015.

C. On November 24, 2015, the Plaintiff and the Defendant kept 77.5 million won of the construction price of the instant case as the warranty bond and paid it immediately upon the completion of the Plaintiff’s repair, and upon the completion of the Plaintiff’s repair of defects, the Plaintiff made an agreement with the Defendant on November 24, 2015 (hereinafter “instant agreement”). As to the instant construction, the Plaintiff agreed to faithfully consult on the following matters: “(i) matters concerning the administrative outer wall defects in the factory; (ii) matters concerning the business operation and outer wall construction in the factory; (iii) matters concerning the front left and right of the factory building; (iv) matters concerning the front left and right of the factory building; (vi) matters concerning the volume of ready-mixeds in the basic construction project, and (vii) other defective matters.”

On December 12, 2015, the Plaintiff discussed the defective cases of the office building outer wall with the Defendant, “the Plaintiff presented a proposal, and agreed upon and decided in accordance with the proposal, etc. for reconstruction.” However, the Plaintiff did not proceed with the consultation and repair of defects in addition to the completion of the repair of the force of the factory building sewage.

Accordingly, around August 2016, the defendant's office building outer wall (in the name of the outer wall) to the plaintiff by September 15, 2016.

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