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Reasons
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(영문) 부산지방법원 2015.11.24 2015가단49893
공사대금
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1. The defendant,

A. The Plaintiff’s KRW 36,38,00 and the annual rate of KRW 6% from June 20, 2015 to November 24, 2015, and the following.

Reasons

1. Facts of recognition;

A. On August 12, 2014, the Plaintiff received a contract with the Defendant for the construction of a new factory on the ground of 13 parcels outside the Kimhae-si, the contract amount of KRW 660 million, the construction period from August 13, 2014 to November 13, 2014, the warranty period of KRW 2 years, and the warranty bond contract amount of KRW 30,000,000 from August 12, 2014. The contract amount has been increased to KRW 675,40,000,000,000.

(hereinafter referred to as the “instant contract”). B.

After completing the construction, the Plaintiff approved the use of the building on December 31, 2014.

C. The Defendant paid 600 million won to the Plaintiff as construction price.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the cause of the claim, barring any special circumstance, the defendant is obligated to pay to the plaintiff the balance of the construction cost (=670 million won-618 billion won) and damages for delay.

B. The defendant's assertion 1) The defendant asserts that the plaintiff cannot respond to the plaintiff's claim for construction cost until the plaintiff completes the repair of defects, such as equal heat between the office building and the factory finishing party, and omission of the shock network of office windows.

B) The Defendant asserts to the effect that the Plaintiff cannot accept the Plaintiff’s claim for the construction cost until the payment of the security deposit for repairing defects under the instant contract is made. (2) The Defendant’s argument as to the Plaintiff’s claim is examined, and there is no evidence to acknowledge that there was any defect identical to the Defendant’s assertion on the newly constructed factory building. (b) The Defendant’s argument is without merit.) The Defendant agreed to pay or submit the security deposit for repairing defects of KRW 20,262,00 (=675,400,000 x 3%) in cash or letter of guarantee until the Plaintiff is paid the construction cost. Therefore, the Plaintiff’s obligation to pay the security deposit for repairing defects remains.

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