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(영문) 수원지방법원안산지원 2020.08.27 2020가합7573
공사대금
Text

1. The Defendant’s KRW 279,334,520 among the Plaintiff and KRW 122,584,520 among the Plaintiff, shall be KRW 156,750,000 from March 13, 2020.

Reasons

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

A. Fact 1) The following facts are either a dispute between the parties, or a company for the purpose of indoor construction business, etc., and the defendant is a company for civil engineering and construction business, etc.

B) On October 22, 2018, the Plaintiff was awarded a subcontract with the Defendant for the repair work at KRW 3,003,00,000 (including value-added tax) and KRW 5% of the construction cost of the warranty bond (hereinafter “instant construction contract”).

(C) Around March 22, 2019, the Plaintiff and the Defendant agreed to change the construction cost of KRW 3,135,000,000 (including value-added tax) on or around January 9, 2020. (d) On May 28, 2020, the Plaintiff received a warranty bond of KRW 156,750,000, equivalent to five percent of the changed construction cost from the D Association, and delivered it to the Defendant on the same day. (2) On the other hand, the Plaintiff received the remainder of the construction cost of KRW 279,334,520, excluding the total construction cost of KRW 279,34,520.

B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the unpaid construction price of KRW 279,334,520 and delay damages therefor. 2) The Plaintiff’s agreement to pay or deliver the warranty bond to the Defendant in cash or as a certificate at the time of the instant construction contract after completion inspection, and the Plaintiff issued the warranty bond to the Defendant on May 28, 2020. As seen earlier, the Defendant’s obligation to pay the warranty bond in concurrent performance relationship with the Plaintiff’s obligation to pay the warranty bond, and the Plaintiff issued the warranty bond to the Defendant by issuing the warranty bond to the Defendant.

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