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(영문) 서울동부지방법원 2016.09.30 2014가합100670
공사대금
Text

1. The Defendant’s KRW 190,306,271 as well as the Plaintiff’s annual rate of 6% from December 25, 2012 to September 30, 2016.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. Facts of recognition 1) The Defendant is the present father Co., Ltd. (hereinafter “the present father”) between the Plaintiff and the Defendant on May 9, 2012.

(2) The warehouse A of the wife population A (hereinafter referred to as “instant warehouse”) shall be the warehouse of the Republic of Korea as agreed upon by the Corporation.

2) Of the new construction works, the steel frame, board, and equipment protection works (hereinafter referred to as “instant construction works”).

(2) The contract provides that the Plaintiff shall subcontract the construction cost of KRW 2 billion (including value-added tax) to the Plaintiff during the construction period from May 10, 2012 to August 15, 2012 (hereinafter “instant subcontract”).

(2) On December 25, 2012, after the completion of the instant warehouse, the Plaintiff issued a tax invoice of KRW 363 million for the unpaid construction cost (including value-added tax) to the Defendant, and received a total of KRW 100 million from the Defendant, including KRW 60 million on January 7, 2013; KRW 20 million on April 1, 2013; KRW 10 million on May 2, 2013; and KRW 100 million on May 31, 2013.

[Ground of recognition] Facts without dispute, Gap 1 through 4 evidence, each entry of Eul 1 evidence (including additional number; hereinafter the same shall apply), the purport of whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay the remaining construction cost of KRW 263 million (=363 billion - 100 million) to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. 1) As to the assertion on the deduction of construction cost due to the failure to perform the instant construction works, the Plaintiff did not perform the said part of the construction works, the said part of the construction cost ought to be deducted from the total construction cost of KRW 63,687,928 (i.e., direct construction cost of KRW 61,980,000) (i.e., indirect construction cost of KRW 1,707,928). (ii) The instant warehouse consists of warehouse operation and management operation. While the instant warehouse was modified into a steel structure, concrete, and brick structure during the construction, the Plaintiff did not perform the construction work only, and the said part was not executed.

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