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(영문) 수원지방법원성남지원 2016.11.29 2016가단10208
공사대금
Text

1. The Defendant shall pay KRW 31,955,00 to the Plaintiff the annual rate of KRW 15% from April 12, 2016 to the date of full payment.

Reasons

1. Facts of recognition;

A. On January 28, 2015, the Plaintiff concluded a contract with the Defendant for the construction of rooftop waterproof at KRW 86,95,000 for the total construction cost, among the extension and repair works of the teachers of the White High School located in 166 in the Mansi-si, the Mansi-si 166, and completed the construction works among September 2015.

B. The defendant shall pay only KRW 5,000,000 among the construction cost, and the remainder of the construction cost is not paid.

[Ground of recognition] A without any dispute, entry of Gap evidence 1 to Gap evidence 5, purport of whole pleading, and purport of whole pleading

2. According to the facts of the above recognition, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 31,955,000 and the damages for delay calculated by the rate of 15% per annum from April 12, 2016 to the date of full payment, which is the day following the delivery date of a copy of the complaint in this case.

The defendant asserts that the construction cost cannot be paid due to the defect in the part of the plaintiff's construction, but there is no dispute between the parties that the plaintiff had completed the repair of the defect that occurred prior to the filing of the lawsuit in this case, and there is no evidence to acknowledge that the additional defect occurred by the date of the closing of argument in this case. According to the purport of the whole pleading in the statement of evidence No. 5, the plaintiff issued a warranty bond to the defendant, and the defendant has already received all the construction cost from the original office, the above argument

If so, the plaintiff's claim is reasonable and acceptable.

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