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(영문) 부산지방법원 2016.11.15 2015가단36095
공사대금
Text

1. The Defendant: (a) KRW 70,290,000 for the Plaintiff and KRW 20% per annum from June 2, 2015 to September 30, 2015.

Reasons

1. Facts of recognition;

A. On November 3, 2014, the Plaintiff and the Defendant, among the 3 factory expansion works, C Co., Ltd. located in Mayang-si, on November 3, 2014, into a concrete mast method, which is built to shotly stiffe salt and reinforcement agents into the concrete floor of the concrete floor of the concrete floor of the C-C-Sing Corporation located in Manyang-si, and smelled by smelling natural luminous houses so as to make the same sense as knife knife.

It consists of Emond dye, salting dyeing, floor-to-syeing, and luminous work processes.

(hereinafter referred to as “C Corporation”) entered into a subcontract agreement with the construction cost of KRW 56 million (excluding value-added tax) and the construction period from November 3, 2014 to December 31, 2014.

B. On November 20, 2014, the Defendant continued the C Corporation, and the Plaintiff paid the Defendant the advance payment of KRW 1848,000,000 to the Defendant, and KRW 33,000,000,000 for progress payment on February 13, 2015.

C. Meanwhile, from the concrete floor constructed by the Defendant, the Defendant repaired the concrete floor with a general white cement, not for floor repair, and the cream is generated without uniformity (hereinafter “instant defect”). D, a person in charge of the Plaintiff’s C construction site, requested the Defendant to repair the product.

Therefore, although the defendant issued a reconstruction on a part of the floor, the chronological defect is still not uniform in the chronological state.

On February 24, 2015, the Plaintiff entered into a construction contract with F that operates E on February 24, 2015, and F removed existing construction parts and reconstructed C construction works.

On March 23, 2015, the Plaintiff paid the construction cost of KRW 58,30,000 to F.

E. On the other hand, on January 7, 2015, the Plaintiff entered into a subcontract with the Defendant and the captain-gun G G in Busan (hereinafter “H”) for construction cost of KRW 57 million (excluding value-added tax) and for construction period from January 7, 2015 to February 10, 2015, and further subcontracts.

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