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(영문) 제주지방법원 2016.09.01 2014가합3166
공사대금
Text

1. The Defendant’s KRW 84,311,00 and annual 6% from January 29, 2014 to September 1, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. C Co., Ltd. (hereinafter “C”) and the Plaintiff are the representative director D and the location of the principal office are the same.

B. On July 15, 2013, the Defendant, whose purpose is the fishery management and its incidental business, contracted the remodeling work for the Defendant’s factory E (hereinafter “instant factory”) located in Jeju on July 15, 2013 as the construction period from July 16, 2013 to September 14, 2013, and the construction cost of KRW 250 million (including value-added tax).

After that, on October 31, 2013, with respect to the instant factory environmental improvement work (hereinafter “instant construction”) between the Plaintiff and the Defendant as the contractor, a contract agreement was made between November 1, 2013 and December 15, 2013, with respect to the construction period of construction (including value-added tax) and KRW 541,80,000 (hereinafter “instant contract”).

B. On September 9, 2013, the Defendant paid KRW 30 million to C as construction cost with respect to the instant factory, and paid to the Plaintiff KRW 50 million on November 1, 2013, KRW 349 million on November 27, 2013, KRW 50 million on November 27, 2013, and KRW 50 million on January 29, 2014, respectively.

C. On January 28, 2014, the Plaintiff completed the instant construction and delivered the factory to the Defendant.

As a result of the court's appraisal, the plaintiff's error in the construction of the factory of this case occurred as follows, and the cost of repairing defects is 3,232,00 won in total.

After the removal of two poor parts of the floor of the 1 processing room, the defect contents and repair method, and the repair method, and the installation of the 1,565,000 unit of the 1 processing room, each entry of the 78,000 unit air conditioners into the 3,232,00 [based on recognition] / [3,232,00] of the 1,489,000 unit of the 1,00 unit of the 4 unit of reconstruction after the removal of the 1,00 unit of the 1 processing room, each entry of the 1,565,00 unit of the wall into the 78,003 unit of the 1,489,000 unit of the 4 unit of the reconstruction room, and the purport of the entire pleadings, including

2. Summary of the parties’ assertion

A. The construction cost to be paid by the Plaintiff to the Plaintiff is KRW 571,264,00 in the aggregate of the following amounts:

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