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(영문) 대구지방법원경주지원 2015.08.21 2014가합178
공사대금
Text

1. The Defendant’s KRW 204,870,90 for the Plaintiff and KRW 6% per annum from November 30, 2013 to August 21, 2015.

Reasons

1. The following facts may be found in full view of each entry in Gap evidence Nos. 1, 2, 3, 5, 21, and 22 (including paper numbers) and the whole purport of the pleadings:

On March 18, 2013, the Defendant contracted the Plaintiff, who runs the construction business, with the construction cost of KRW 1,045,00,000 for the construction cost of the construction work for the construction project of the cel located B (hereinafter “instant building”).

B. As to the construction cost under the instant construction contract, the Defendant paid 10,000,000 won to the Plaintiff within seven days after completion of the 2nd floor foundation construction as the first intermediate payment, and paid 110,000,000 won to the Plaintiff within seven days after completion of the 5th floor foundation construction as the second intermediate payment, and paid 110,000,000 won to the third intermediate payment within seven days after completion of the 5th floor foundation construction, and paid 165,00,000 won to the Plaintiff within seven days after completion of the 4th intermediate payment, and paid 550,000,000 won to the Plaintiff within seven days after completion of the interior foundation construction as the second intermediate payment.

C. With respect to the repair of defects in the instant construction contract, the Plaintiff agreed not to bear a duty to repair the defects arising from the instant construction project during the period of warranty liability from the date when the Defendant received the object and completed the completion inspection, whichever comes first.

On November 22, 2013, the Plaintiff obtained approval for the use of the building of this case and delivered the building to the Defendant.

E. The Defendant paid KRW 822,00,000 to the Plaintiff out of the instant construction cost.

2. According to the above findings of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff, who is the contractor of the instant construction project, the payment of the construction cost of KRW 223,00,000, and the delay damages therefor, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. As to the Plaintiff’s assertion that the construction contract was not constructed, the Defendant concluded the instant construction contract.

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