(영문) 서울남부지방법원 2015.07.02 2014가단47911

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(영문) 서울남부지방법원 2015.07.02 2014가단47911

공사대금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. On September 1, 2006, there is no dispute between the parties that the Plaintiff was awarded a subcontract for the Changju Facility Construction Project at KRW 160 million among the Construction Works for Pyeongtaek-si C Ground Lodging Facilities that the Defendant contracted by the Defendant (hereinafter “instant Construction”) on September 1, 2006

(hereinafter referred to as the “instant subcontract”). 2. Summary of the Parties’ assertion

A. The Plaintiff started construction at the time of the conclusion of the instant subcontract and completed construction by October 30, 2006, and the construction cost of KRW 184,700,000 shall be paid only the construction cost of KRW 102,00,000, and the construction shall be suspended without paying the remainder of KRW 82,70,000,000, despite the demand of the Plaintiff several times.

Therefore, the defendant is obligated to pay to the plaintiff the balance of the construction work 82.7 million won and damages for delay from November 1, 2006 to the day of complete payment of the construction work.

B. Defendant 1) on January 17, 2007, the Defendant: (a) agreed that the subcontractor including the Plaintiff should not claim the construction cost against the Defendant instead of settling the construction cost by giving up the right to execute the instant construction; (b) completing the construction directly by the subcontractor; (c) in fact, the subcontractor’s representative D received deposit, etc. paid after leasing the instant building; and (d) the Plaintiff prepared and delivered a written waiver of the claim against the Defendant even on August 6, 2007. The Plaintiff waived the claim for the construction cost against the Defendant in accordance with the above agreement and the written waiver of the claim; (b) even if the Plaintiff did not give up the claim against the Defendant, the period of extinctive prescription of the Plaintiff’s claim for the construction cost expires after the lapse of three years from November 1, 2006, when the Plaintiff had been able to exercise the claim against the Plaintiff.

3. Determination A.

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