(영문) 수원지방법원성남지원 2014.12.31 2014가단6540

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(영문) 수원지방법원성남지원 2014.12.31 2014가단6540

공사대금

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1. The Defendant’s KRW 18,215,00 for the Plaintiff and its related KRW 6% per annum from April 1, 2013 to December 31, 2014, and the following.

Reasons

1. Basic facts

A. On May 22, 2012, the Plaintiff, a corporation established for a construction project, entered into a contract with the Defendant for the new construction project (including the construction cost of KRW 385,000,000, and the value-added tax) in Ansan City B neighborhood living facilities (hereinafter “instant building”) located in the Defendant, and thereafter, increased the construction cost of September 20, 2012 to KRW 403,00,000 (including value-added tax) and from May 22, 2012.

9. Around December 26 of the same year, the construction period fixed by the end of 22 was changed to the end of the same year.

(hereinafter referred to as “instant construction contract”). B.

The approval for use of the instant building was made on March 12, 2013. Meanwhile, the Plaintiff received construction payment of KRW 328,785,000 from the Defendant due to the instant construction contract.

【Fact-finding without a dispute over the basis of recognition, Gap evidence 1 through 4, Eul evidence 1 through 3, the purport of the whole pleadings

2. Determination

A. According to the facts above, the defendant's obligation to pay the construction price to the plaintiff, the building of this case was completed and approved for use pursuant to the contract of this case. Thus, the defendant is obligated to pay the plaintiff the remaining 74,215,00 won (the plaintiff asserts that the unpaid balance is KRW 76,015,00,000, but it appears to be asserted on account of mistake) after deducting the already paid KRW 328,785,00, out of the total construction price of KRW 403,00.

B. The defendant's defense (1) The defendant asserts that since the defect in the building of this case occurred, the amount of the construction payment against the plaintiff should be deducted from the amount of the construction payment as much as the defect repair cost.

In addition to the purport of the whole pleadings as a result of the appraiser C’s appraisal, it is recognized that various defects have occurred in the building of this case completed by the Plaintiff and the costs of KRW 56,00,000 will be incurred to repair them.

Therefore, the defect repair cost is from the defendant's obligation to the plaintiff.

유사 판례

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