(영문) 청주지방법원 2014.07.17 2013가합3146

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(영문) 청주지방법원 2014.07.17 2013가합3146

공사대금

Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of premise;

A. On March 1, 2013, the Plaintiff entered into a construction contract with the Defendant and the Defendant from March 1, 2013 to May 30, 2013 with respect to the interior part of the building project of the Chungcheongbuk-gun Factory Co., Ltd., the construction cost of KRW 590,000,000, and the construction period of KRW 30,000,000, out of the down payment amount of KRW 50,000,000, which was paid first and the remainder of KRW 20,000,000, which was paid to the Defendant from the Chungcheongnam-gun Construction Co., Ltd., the enforcement company, and agreed to receive the progress payment from the Defendant.

(hereinafter referred to as the “instant construction”). B.

The Defendant paid 48,500,000 won to the Plaintiff as the construction cost of the instant case.

C. From the beginning of April 2013, the Plaintiff discontinued the instant construction work, and around April 2013, the Plaintiff was bound at the construction site of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, testimony of witness D, purport of whole pleadings

2. The parties' assertion

A. The Plaintiff’s primary claim 1) on March 2013, 2013, the Plaintiff filed a claim with the Defendant for the construction cost corresponding to the final appeal up to that time. On May 21, 2013, E, the Defendant’s on-site agent, confirmed the Plaintiff’s construction cost and agreed to pay KRW 50,000,000 until April 12, 2013, and the remainder of KRW 150,000 until April 30, 2013. Accordingly, the Defendant is obliged to pay the Plaintiff KRW 200,000,000 and delay damages therefrom. (2) The Plaintiff and the Defendant agreed to settle the construction cost that had not been paid by the Plaintiff up to that time.

In addition, the defendant should pay to the plaintiff KRW 50,360,000 for the material cost that has already been manufactured in accordance with the construction site of this case and has become unusable in another place of business.

Therefore, the defendant shall aggregate the construction cost and material cost that are not paid to the plaintiff.

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