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(영문) 부산지방법원 2020.06.11 2019가단339334
공사대금
Text

1. The Defendant’s KRW 78,600,000 as well as 5% per annum from May 1, 2017 to November 22, 2019 to the Plaintiff.

Reasons

1. On February 2, 2016, the Plaintiff entered into a subcontract for a construction contract (hereinafter referred to as “construction contract”) between February 3, 2016 to June 5, 2016 with the Defendant for the Changho Lake, metal, and glass construction among new construction works, and the construction period from February 3, 2016 to June 5, 2016, and completed all of the said construction works. On March 2, 2017, the Plaintiff concluded a subcontract for a construction contract between February 3, 2016 to June 5, 2016, and concluded a subcontract for the construction project (hereinafter referred to as “No. 1 construction contract”). The Plaintiff agreed between the Defendant and the E-new construction works, among the new construction works in D, the amount of construction cost of KRW 302,50,000, construction period, and the construction period from March 22, 2017 to April 30, 2017, including the aforementioned construction work number of KRW 19,80 or 400.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 78,60,000, excluding the remainder of KRW 887,200,000,000, out of the total construction cost (including additional construction works) of the construction contract under the first and second construction contract, as sought by the Plaintiff, 5% per annum under the Civil Act from May 1, 2017 until November 22, 2019, which is the day following the completion of construction pursuant to the first and second construction contract until November 22, 2019, and damages for delay calculated at the rate of 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

2. As to the Defendant’s assertion, the Defendant alleged to the effect that in relation to the first construction contract, the Defendant was unable to receive the construction cost from F, a main contractor, and that the settlement of construction cost was not completed in relation to the second construction contract. However, the Defendant’s failure to receive the construction cost from F, a main contractor, was the Plaintiff.

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