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Reasons
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(영문) 울산지방법원 2016.09.30 2015가단10126
물품대금
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1. The Defendant’s KRW 18,507,080 as well as 5% per annum from April 7, 2015 to September 30, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On March 9, 2014, the Defendant entered into a construction contract with Ulsan-gu D and E to newly construct multi-family houses on the land of Ulsan-gu and Ulsan-gu, and the main contents thereof are as follows.

Construction Contract Documents

1. Name of construction: Two units of construction works for constructing a multi-family house in Ulsan-dong, Ulsan-gu;

2. Place of construction: Ulsan-dong-gu D and E

3. Period of construction: From March 10, 2014 to August 12, 2014: The completion on March 27, 2014: Contract amount on August 12, 2014: KRW 601,200,000 for KRW 100,000 for KRW 10,000 for KRW 20,000 for KRW 20,000 for KRW 20.

5. Down payment: Mancheon (60,000,000).

6. 1) The timing and method of making the first progress payment for the portion in question (30% of the start payment): KRW 180,000 per day (180,00,000): KRW 30%) the second progress payment for the portion in question (30% at the time of completion of the structural foundation): KRW 180,000 per day, KRW 30,000,000 per day ( 20%) the remainder: KRW 61,200,000 per day, the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior 20,00 won.

7. The period of warranty against defects shall be one year.

8. The rate of liquidated damages for delay: 3/100.

B. (1) The Defendant paid KRW 420 million in total, as KRW 180,000,000,000 for the first payment on March 11, 2014, ② KRW 180,000 for the second payment on March 28, 2014, and ③ KRW 180,000 for the second payment on May 23, 2014.

(2) On July 17, 2014, the above C drafted a letter to the Defendant stating that “I will thoroughly perform the construction work in accordance with the contract for D and E-built construction, and would compensate for the legal delayed compensation when the construction is completed within the construction period.” However, the above new multi-family house construction was delayed later.

(3) As between September 201 and October 10, 2014, the Defendant issued a certificate of content to the effect that the construction should be completed as soon as possible.

C. The Plaintiff and the Defendant’s construction contract (1) The Plaintiff subcontracted the portion of the unclaimed construction among the construction works of the above multi-family house from the above C and from the end of May 2014, the unclaimed construction work at the construction site of the above newly constructed multi-family house (hereinafter “instant unclaimed construction”).

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