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(영문) 전주지방법원 2017.12.15 2015가단33801
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,170,750 to the Plaintiff (Counterclaim Defendant) and its related amount from June 23, 2015 to December 15, 2017.

Reasons

The principal lawsuit and counterclaim shall be judged together.

1. Basic facts

A. On July 28, 2014, the Defendant entered into a construction contract with the supply price of KRW 220,000,000 for the newly constructed construction work in A and B located in B of the Jeonbuk-gun.

B. The Plaintiff and the Defendant on March 16, 2015.

With respect to the construction of structures (hereinafter referred to as “instant construction”) among the new construction works described in the subsection, the contract amount of KRW 48,000,000 shall be determined and entered into for the construction works, and the main contents thereof shall be as follows:

4. Construction period: The period of warranty on April 30, 2015, as of the date of completion of the construction on March 18, 2015: 15: 15,840,000 won for the contract deposit (based on 30%) under a two-year special contract after the completion of the construction work - KRW 15,840,00 for the intermediate payment on the contract date - KRW 15,840,00 for the intermediate payment on the contract date - KRW 20,560 for the intermediate payment at the time of arrival of the site of columns materials - KRW 10,560 for the remainder (based on 20% of the total amount) after the completion of the construction work - Article 13 within 20 days after the completion of the construction work / for the Plaintiff’s delay, the Plaintiff shall pay at least 3/100 of the contract deposit for each one day on the contract date to the Defendant.

C. Around April 13, 2015, the Plaintiff completed construction and claimed the remainder KRW 10,560,000 on April 28, 2015.

(The Defendant paid all the remainder of the construction cost, excluding 10,560,000 won).

On April 20, 2015, the vice-head of the Gun accepted A's report on the construction plan (from April 13, 2015 to May 2, 2015) and on April 30, 2015, the vice-head of the Gun issued A's certificate of pre-use inspection on solar power plants.

[Ground of recognition] Gap evidence 1, 2, Eul evidence 1, 4, 5, and 6, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the remainder of the construction price of KRW 10,560,000 among the construction price and the delay damages therefor to the plaintiff.

B. The defendant's assertion 1) The defendant's assertion on the grounds of the defendant's defense and counterclaim 1) defects and non-construction of the part constructed by the plaintiff.

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