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(영문) 서울남부지방법원 2015.06.05 2013가합105763
공사대금
Text

1. The Defendant’s KRW 76,221,70 for the Plaintiff and KRW 6% per annum from January 31, 2013 to June 5, 2015.

Reasons

1. Facts of recognition;

A. On December 22, 201, the original Defendant: (a) determined the construction period on December 31, 2012 with respect to the manufacturing and installation works of mechanical parking equipment in the Seongbuk-gu Seoul Metropolitan Government Maroud Building (hereinafter “Seoul Marouding Construction”); (b) the construction cost is KRW 176,00,000; and (c) the rate of compensation for delay is 1/1,000 of the daily contract amount per delay; and (d) on October 4, 2012, with respect to the manufacturing and installation works of mechanical parking equipment in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government 1545-7 (hereinafter “Seodong-dong Construction”) the construction period as until December 15, 2012; (c) the construction cost is KRW 167,00,000; and (d) the compensation for delay is 1/1,000 per day’s contract amount per delay; and (c) concluded each construction contract.

(hereinafter “each of the instant construction contracts” (hereinafter “instant construction contracts”). In each of the instant construction contracts, the Defendant agreed to pay to the Plaintiff 20% (contract deposit) of the respective construction costs at the time of contract (approval of drawings), 30% (the first intermediate payment) at the time of the entry of steel frame, 30% (the second intermediate payment) at the time of the entry of steel frame, and 20% (the second intermediate payment) at the time of the issuance of the usage inspection certificate.

B. On December 15, 2012, the original Defendant agreed to change the construction period of the Seocho-dong Construction, and to complete the remaining construction after issuance of the certificate of usage inspection by December 31, 2012, by December 31, 2012, respectively.

C. On January 18, 2013, each of the instant construction contracts issued a pre-use inspection certificate on each of the mechanical parking lots on January 30, 2013, with respect to the lusium construction work, the Plaintiff’s progress of construction under each of the instant construction contracts, and the lusium construction work.

The Defendant paid a total of KRW 163,200,000, and KRW 75,800,000, as to the instigates Construction Works for the Plaintiff.

E. There is a defect in the mechanical parking equipment installed by the Plaintiff’s instigates Construction, and the cost of repairing the defect is KRW 27,778,300.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 9, and 10 (including, if any, various numbers), the appraiser A's appraisal result, and the purport of the whole pleadings.

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