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(영문) 서울동부지방법원 2018.11.09 2017가단136628
공사대금
Text

1. The Defendant amounting to KRW 39.5 million to the Plaintiff and the Plaintiff’s annual rate of 6% from December 1, 2014 to November 9, 2018.

Reasons

1. Facts of recognition;

A. On September 2, 2014, the Plaintiff entered into a contract with the Defendant for interior construction works with Dental located in the Gangnam-gu Seoul Special Metropolitan City 39,500,000 (including additional taxes) for the total construction cost and the scheduled completion date of construction works by October 4, 2014.

(hereinafter “instant contract”). According to the instant contract, the Defendant: (a) the down payment of KRW 40 million on September 2, 2014; and (b) the same year.

9.15. Prepaid 40 million won, and the same year;

9. 22. 22. An agreement was made to pay an intermediate payment of KRW 40 million, and a balance of KRW 39.5 million on October 4 of the same year.

B. The Plaintiff completed the foregoing construction work on November 2014, and the Defendant paid KRW 120 million out of the construction cost until October 10, 2014, and did not pay the remainder KRW 39.5 million.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 8, 9, Eul evidence 1 and 2, the purport of the whole pleadings]

2. Judgment on the parties’ assertion

A. (1) According to the above facts of determination as to the claim for the remainder of the construction cost, the Defendant is obligated to pay damages for delay from December 1, 2014 to the date of full payment, as sought by the Plaintiff, as requested by the Plaintiff, due to the completion of construction works for the remaining amount of KRW 39.5 million payable to the Plaintiff, barring special circumstances.

(2) On March 9, 2018, the Defendant asserted the reduction of KRW 5,860,00 in the preparatory documents claiming the reduction of the price for the non-execution of part of the non-execution of the construction and the non-execution of the construction.

① The Defendant asserts that, even though the Plaintiff installed a water ETT (630,000 won), steball (720,000 won), and scam (2.10,000 won), the Plaintiff failed to perform the said construction, and the scam (including value added tax) was not constructed during the electrical construction, the construction price of which should be reduced by KRW 7,736,740 (including value added tax).

In this regard, the plaintiff was planned to change only the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit of the unit.

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