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(영문) 전주지방법원군산지원 2015.04.21 2014가단50185
공사대금
Text

1. The Defendant’s KRW 16,140,00 for the Plaintiff and KRW 6% per annum from January 24, 2014 to April 21, 2015.

Reasons

1. On March 18, 2013, the Plaintiff was awarded a contract for reinforced concrete construction works (hereinafter “instant contract”) among the “B-built construction works” performed by the Defendant from the Defendant in Seojin-gu Seoul Special Metropolitan City (hereinafter “instant construction works”) from the Defendant during the construction period from February 13, 2013 to August 13, 2013, by setting the construction cost of KRW 225,00,000 (Additional Tax) and the construction period from February 13, 2013 to August 13, 2013.

On the other hand, the Plaintiff received KRW 40,000,00 as the above construction cost from the Defendant on March 21, 2013 and April 10, 2013, respectively, and KRW 85,360,00 on May 16, 2013, and KRW 231,360,000 on June 14, 2013, and paid KRW 16,140,000 on June 14, 2013 (i.e., KRW 222,50,000 on construction cost plus KRW 231,360,000 on April 10, 200).

[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 13 (including each number), the purport of the whole pleadings

2. The Plaintiff’s assertion against the Defendant: ① the construction cost of KRW 16,140,00 for the unpaid construction work; ② the construction cost of KRW 10,00,00 for the construction work agreed to be additionally paid at the time of the conclusion of the instant contract; ③ the Defendant’s on-site agent C through the Defendant’s on-site agent C to pay KRW 1,00,140,000 for the total amount of KRW 27,140,00 for the construction work and the delay damages therefor

3. Determination as to the claim for the unpaid construction cost

A. The construction is not completed if the construction was discontinued during the course of the construction to determine the cause of the claim, but the construction is not completed if the construction is not completed during the intended last process; however, the construction is completed at the time of the final process of the original scheduled cause and the main text of the construction is to be completed.

It is reasonable to interpret that the construction work is completed but it is nothing more than the defect in the object, and whether the last process of the intended work has been completed or whether the contractor's assertion or the contractor's completion inspection is conducted.

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