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(영문) 광주지방법원 2019.10.25 2018가단530955
공사대금
Text

1. The Defendant’s KRW 33,589,204 as well as the Plaintiff’s annual rate from October 25, 2018 to October 25, 2019.

Reasons

1. Facts of recognition;

A. On July 2015, the Defendant concluded a contract with the Plaintiff at KRW 120,00,000 with respect to the construction work of the Seo-gu Seoul District Building (hereinafter “instant building”) (hereinafter “instant construction work”).

B. The Plaintiff completed the instant construction on or around September 2015, and the Defendant paid KRW 70,000,000 to the Plaintiff out of the construction cost of the instant case.

C. Meanwhile, in the instant building constructed by the Plaintiff and the Gwangju-gu D Ground Building, there were defects as indicated in the attached Table, and the cost of KRW 16,410,796 was spent to repair them.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including branch numbers), the result of the appraisal commission to E company of this court, the purport of the whole pleadings

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the remainder of the damage claim in lieu of the defect repair in this case against the Plaintiff (=50,000,000-16,410,796) and the damages for delay calculated at the rate of 33,589,204 won (=50,000,000-16,410,796) from October 25, 2018, which is the day following the delivery date of a copy of the complaint in this case, to October 25, 2019, which is the day of the judgment of this case sought by the Plaintiff from October 25, 2019, and from the next day to the day of full payment, the damages for delay

3. In conclusion, the plaintiff's claim shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.

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