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(영문) 광주지방법원 2018.05.03 2017가단510367
공사대금
Text

1. The Defendant: (a) KRW 115,00,000 to the Plaintiff; and (b) KRW 6% per annum from October 1, 2016 to May 4, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that runs the business of metal creative works, etc., and the Defendant is a company that runs the business of building and civil engineering works, etc.

B. On December 21, 2015, the Plaintiff and the Defendant concluded a subcontract construction contract (hereinafter “instant construction contract”) with the following content.

2. The name of subcontracted project: Metal, window-hos, or glass construction among the new works of duyang C;

3. The construction site: D in Yangyang-gun, Jeonnam-gun.

4. Construction period: From December 28, 2015 to June 30, 2016: 195,000,000 won (excluding value-added tax, and tax-free construction works).

C. In accordance with the instant construction contract, the Plaintiff completed the said metal, windows, and glass construction around September 2016, and the Defendant paid the Plaintiff KRW 80 million out of the construction cost of KRW 195,00,000 to the Plaintiff.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 7, plaintiff In-house Director E-Examination Results, the purport of the 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 KRW 115,00,000 (=195,00,000 - 80,000) and the damages for delay calculated at each rate of 15% per annum under the Commercial Act from October 1, 2016 to May 4, 2017, which is the day following the completion date of construction, from October 1, 2016 to the day of delivery of a copy of the complaint of this case, and from the next day to the day of full payment, 6% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.

B. The defendant's assertion and judgment (1) The defendant's summary of the defendant's assertion was introduced by F to the company eligible to receive a subcontract for the instant metal, windows, and glass from F, and that G must install the same system windows as the windows installed in the F sale office. G sent the plaintiff's photograph by affixing the F sale office to the plaintiff, and delivered the defendant's opinion. The construction contract of this case was concluded based on this, and the plaintiff was constructed in balcony only on the balcony which is the part of the living room and the remaining windows all.

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