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(영문) 인천지방법원 2020.11.04 2019가단27269
공사대금
Text

1. The defendant shall be the plaintiff.

(a) KRW 43,675,000, as well as 6% per annum from October 17, 2019 to November 4, 2020; and

Reasons

1. Determination on the cause of the claim

A. (1) On March 22, 2019, the Plaintiff entered into a contract with the Defendant to enter into a contract with the Defendant to enter into a contract with the term “C Corporation” (hereinafter “instant construction”) of KRW 9,4380,000 (including value-added tax; hereinafter the same shall apply) for the construction period from February 1, 2019 to March 31, 2019.

(2) Subsequent to June 3, 2019, the Plaintiff and the Defendant entered into a contract to change the construction cost of the instant construction to KRW 122,65 million, reflecting the changed matters on June 3, 2019.

(3) The Plaintiff completed the instant construction, and received a total of KRW 76.5 million from the Defendant.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including the number of branch numbers; hereinafter the same shall apply), the purport of the whole pleadings (the defendant asserts that Gap evidence No. 1 was forged, but considering Gap evidence No. 6, the result of the appraisal commission, and the whole purport of the pleadings, Gap evidence No. 1 is recognized as affixing the defendant's seal of the defendant's seal held by Eul delegated by the defendant, and thus the authenticity is established).

B. According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the balance of the construction cost of KRW 50 million and the delay damages therefor in accordance with the contract of this case.

2. The defendant's assertion asserts that the amount equivalent to the warranty bond cannot be paid out of the construction price.

Comprehensively taking account of the above evidence, the plaintiff and the defendant set the warranty period related to the construction of this case as 3 years and as 5% of the contract amount.

According to the above facts, the plaintiff asserted that the warranty bond amounting to 5% of the construction price is KRW 6,325,000 12,650 million x 0.05 x the defendant's warranty bond is KRW 4,719,00 on the premise that the construction price is KRW 9,4380,000, but the plaintiff and the defendant changed the construction price of this case into KRW 12,650,00,000, as seen earlier, the changed amount is based on the changed amount.

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