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(영문) 의정부지방법원 2017.06.28 2015가단108192
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 30,631,55 and the interest rate of KRW 15.5% per annum from February 1, 2015 to the date of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff newly built a community hall B in accordance with the contract with the Defendant and transferred it to the Defendant.

At the time of the above transfer, other additional construction costs, such as KRW 172,568,00 for the above progress payment, KRW 12,601,308 for the additional construction costs, KRW 12,601,30 for the additional construction costs, indirect costs and advance payment, and interest for arrears for progress payment, are KRW 10,752,620 for the total amount of KRW 195,921

However, since the defendant received a total of KRW 130,000,000 from the defendant as construction cost, the defendant is obligated to pay the remainder of the construction cost.

B. The defect occurred due to the Defendant’s failure to construct the construction work in the design drawing. The construction cost of KRW 44,208,200 necessary for defect repair should be deducted from the construction cost claimed by the Plaintiff.

Since the Plaintiff violated the design drawings without the consent of the Defendant, it is not obliged to pay the additional construction cost to the Defendant.

The Plaintiff did not explain at all the terms and conditions of the instant construction contract attached to the instant construction contract, and the instant construction project is physically unable to perform the payment of advance payment or construction cost as stipulated in Articles 10 and 25 of the General Conditions of the said contract, as the construction project implemented by the Iron-gun with subsidies. Therefore, the said provision cannot be applied to the Defendant, and thus, it cannot be claimed to the Defendant for payment of delay damages at the rate of 25% per annum on the ground of advance payment or delay in the payment of construction cost.

2. Facts of recognition;

A. The Plaintiff was awarded a successful bid in KRW 184,640,000 for the construction of the village hall (hereinafter “instant construction”) executed by the Defendant with the subsidies from the Hawon-gun on June 25, 2014 through a bid executed by the Hawon-gun on behalf of the Defendant.

B. After that, between the Defendant and the Defendant on July 3, 2014, the Plaintiff pays the instant construction cost of KRW 184,640,00 (including value-added tax), July 10, 2014; the date of commencement; October 7, 2014; the advance payment of KRW 110,000,000; and the progress payment of the construction amount of KRW 184,640,00.

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