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(영문) 부산지방법원 2018.11.27 2017가단324604
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 35,171,200 and the interest rate of KRW 15% per annum from December 27, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On November 15, 2016, the Plaintiff received a contract from the Defendant for the Telecommunications Corporation (hereinafter “instant construction”) by setting the construction period from November 28, 2016 to December 24, 2016, with respect to D Apartment E (hereinafter “instant apartment”) as construction cost of KRW 59,000,000 from November 28, 2016 to December 24, 2016.

(hereinafter “instant construction contract”). B.

During the construction of the instant case, the Plaintiff performed additional construction works at the Defendant’s request, and the price for the additional construction was KRW 2,871,200.

C. Around December 24, 2016, the Plaintiff completed the instant construction. The Defendant paid KRW 17,700,000 to the Plaintiff the down payment of KRW 17,700,000 on November 25, 2016, and paid KRW 9,00,000 on December 31, 2016.

[Ground of recognition] Unsatisfy, Gap evidence 1-1, 1-3, 5, Eul evidence 1-1 through 1-4, and Eul evidence 1-4, witness F's testimony, purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of this case (i.e., KRW 59,00,000, KRW 2,871,200, KRW 17,700 - KRW 9,000,000) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from December 27, 2016 to the date of full payment, as sought by the Plaintiff, unless there are other special circumstances.

B. (1) In the course of performing the construction of the instant construction, the gist of the Defendant’s assertion: (a) there was a defect, such as drying the kitchen and the living room room, and the passage of the kitchen and the kitchen, with the color of the exhauster and the painting, and the passage of the bow and fung in the part of the design that the Plaintiff ought to do so; and (b) there was a defect in the damp and funging.

In addition, the Defendant directly supplied materials on behalf of the Plaintiff and constructed them by the Plaintiff.

Therefore, damages and material costs due to the above defects shall be deducted from the balance of the construction cost that the defendant pays.

(2) Determination No. 2 (including each number).

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