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(영문) 광주지방법원 2018.06.27 2017나3617
공사대금
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1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On October 22, 2015, the Plaintiff and the Defendant entered into a contract with the Plaintiff on the contract price of KRW 74,460,00 (including value-added tax) for painting and waterproof construction work (hereinafter “instant construction work”) among new construction works on a parcel other than A, Nananan-gun, Nannam-gun, and one parcel (hereinafter “instant contract”). The relevant content of the contract entered into at the time is as follows.

Article 1 (Details of Construction Works)

9. Liability for warranty: Liability for warranty against defects shall be the security for warranty;

(The contract bond may be replaced with the contract bond, and the shortage may be claimed when the performance bond is not submitted).

2. A contract bond under paragraph (1) may be paid in a letter of guarantee issued by the following institutions:

(1) Article 28 of the letter of guarantee issued by each mutual aid association under Article 54 (1) of the Framework Act on the Construction Industry;

1. In order to guarantee the repair of defects of a construction project, the Plaintiff shall pay in cash or a letter of guarantee issued by a guarantee agency under each subparagraph of Article 4 (2) and payable to the Defendant the amount computed by multiplying the rate of the warranty bond for defect repairs as set out in the contract by the down payment rate, after the completion inspection.

B. On November 2, 2015, the Plaintiff paid 20,000,000 won to the Defendant as defect bond, and received 65,00,000,000 won in total, including the construction price of KRW 40,00,000 on the same day, and the construction price of KRW 25,00,000 on the same day from the Defendant.

C. On May 18, 2016, the Plaintiff received from the Specialized Construction Mutual Aid Association a contract amount of KRW 106,00,000, the guaranteed amount of KRW 3,180,000, and the warranty period and the warranty period from May 10, 2016 to May 9, 2017, and issued a warranty bond to the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Determination on the cause of the claim

A. 1 Plaintiff’s assertion on the determination of the instant construction cost.

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