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(영문) 의정부지방법원 고양지원 2018.11.14 2018가단4478
공사대금
Text

1. The Defendant’s KRW 60 million and the Plaintiff’s annual rate of 5% from April 14, 2018 to November 14, 2018, respectively.

Reasons

1. According to the purport of each of the statements and arguments in Gap evidence No. 1, the plaintiff was subcontracted on October 12, 2017 by the defendant with the construction cost of 240 million won and the period from October 12, 2017 to November 5, 2017, and completed the above construction work around that time. The defendant can be recognized to have paid the plaintiff KRW 180 million with the construction cost, and there is no counter-proof, so the defendant is liable to pay the plaintiff the remaining construction cost of 60 million and the delay damages.

The Plaintiff asserted that the Defendant is obligated to pay the Plaintiff KRW 36,758,000 for additional construction costs, since the Plaintiff received a subcontract for the additional construction works from the Defendant and the said price is equivalent to KRW 36,758,00,000. However, the Defendant’s assertion on this part is not acceptable on the sole basis of the statement of evidence No. 2, and there is no other evidence to acknowledge it.

2. The defendant raised that the plaintiff should deduct the amount of damages incurred by the defendant due to the plaintiff's erroneous construction from the plaintiff's construction cost, but the above defense has no merit since there was no evidence to acknowledge it, since the plaintiff's construction cost incurred additional construction cost on the wind that the plaintiff performs the steel structure construction differently from the construction cost, and the building owner did not pay additional construction cost, and the contract price was reduced to KRW 70 million.

3. From April 14, 2018, the day following the delivery date of a copy of complaint to the Plaintiff, the Defendant is obligated to pay to the Plaintiff 5% per annum under the Civil Act from April 14, 2018 to November 14, 2018, which is deemed reasonable for the Defendant to resist the existence and scope of the instant performance obligation, and the delay damages calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.

The plaintiff's claim is reasonable within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.

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