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(영문) 대구지방법원 2018.11.21 2017가단117463
공사대금
Text

1. Defendant (Counterclaim Plaintiff) B: (a) KRW 77,632,112 against the Plaintiff (Counterclaim Defendant) and its related thereto from July 8, 2017 to November 21, 2018.

Reasons

1. Facts of recognition;

A. On November 21, 2016, the Plaintiff concluded with Defendant B’s agent the construction contract for the construction work (hereinafter “instant construction contract”) to supply and demand D stores (hereinafter “instant construction work”) from Defendant B (hereinafter “instant building”) with Defendant C.

- Construction cost: 190 million won (excluding value-added tax), and payment within 10 days after completion - During the construction period: From November 21, 2016 to February 21, 2017 - Compensation for delay: 1/1000 of the construction cost per day at the time of delay due to completion of the agreement - Special Terms and Conditions : Design cost and construction cost per marina;

B. On January 31, 2017, the Plaintiff leased KRW 10 million to Defendant C as of February 15, 2017.

C. On May 31, 2017, Defendant B paid the construction cost of KRW 75 million to the Plaintiff.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 and 3 (if there are serial numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff’s assertion completed the instant construction, Defendant B’s remainder of the construction cost of KRW 130 million in the remainder of the construction cost of KRW 26,205,397 [Attachment Form 26,205,397] of the defect repair cost of the Plaintiff

) The amount of 103,730,000 won in total is the sum below 37,730,000 won. - The amount of 11,524,603 won in the attached Table 2. H. - The amount of 11,524,603 won in the defect repair cost as stated in the attached Table 2. The Defendant C is obligated to pay 103,794,603 won in the amount of 10,000 won in the attached Table 2.

B. Since the Plaintiff’s assertion in Defendant B’s instant construction project was delayed for 70 days and obtained approval for use on May 2, 2017, and the construction was required for 25 days to repair any defect that occurred due to a mistake, the penalty for delay is subject to deduction of KRW 19,85,000 (the rate of KRW 1/100 for liquidated damages shall be applied to 95 days).

The cost of repairing defects of the instant construction works shall be as shown in attached Form.

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