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(영문) 수원지방법원 2020.04.23 2018가단33721
공사잔대금
Text

1. The Defendant’s KRW 45,151,576 for the Plaintiff and 6% per annum from December 5, 2018 to April 23, 2020.

Reasons

1. The Plaintiff completed the construction project (including the content of the modified contract; hereinafter referred to as the “instant construction contract”) with the content as described below from the Defendant.

[Attachment 1] The Defendant paid the Plaintiff the full amount of KRW 751,00,000 (including value-added tax) of the construction price under the instant construction contract between January 5, 2015 and June 30, 2016, KRW 157,546,80 (including value-added tax) from October 20, 2015 to August 781, 2016, 200 (including value-added tax) from October 20, 2015 to August 5, 2016; and KRW 3 E Corporation 3 E Corporation (including value-added tax) from October 20, 2015 to August 5, 2015; and KRW 506,00,000 from August 5, 2016 to August 30, 2016; and KRW 751,797,700,000 under the instant construction contract.

On the other hand, the payment date of the remainder of KRW 42,853,00 among the construction cost under the construction contract of this case is "the time of completion of civil engineering works", and the said civil engineering works failed to obtain construction completion permission.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 6, 7, 8 (including branch numbers), the purport of the whole pleadings

2. According to the above findings of determination as to the cause of claim, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 105,567,040 (i.e., the agreed construction cost of KRW 857,546,800 (i.e., the agreed construction cost of KRW 857,546,80) - the agreed construction cost of KRW 751,979,760), excluding the remainder of KRW 42,853,00, and delay damages therefrom, barring any special circumstances.

3. Judgment on the defendant's assertion of set-off

A. The defendant asserts that the part constructed by the plaintiff under the construction contract Nos. 2 and 3 of this case is set off against the plaintiff's claim for construction price equivalent to the amount of the above amount as a damage compensation in lieu of defect repairs, since the plaintiff caused the same defects as the defect in the [Attachment 2] description column, and the total amount of 47,636,323 won is required to repair them.

[Attachment 2] The cost of repairing the defects in the table 2 is the entrance of one factory.

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