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(영문) 서울남부지방법원 2017.05.17 2016가단210652
공사대금
Text

1. The Defendant’s KRW 5,251,030 as well as the Plaintiff’s annual rate of KRW 6% from March 23, 2016 to April 19, 2017.

Reasons

1. Facts of recognition;

A. On November 18, 2015, the Plaintiff was awarded a contract for “B supply and installation (hereinafter “B”) from the Defendant to KRW 57,200,00 (including value-added tax) for the instant construction work, and the instant construction work around December 8, 2015.

B. The construction of this case requires replacement of the entire quantity by using SMPS that does not have KC authentication products (cost 4,461,90 won), ② replacement of nine defective routers out of the 416 racks that constitute LED electronic displays (cost 887,070 won), ③ replacement of nine inferior routers is necessary (cost 887,070 won), ③ because there are many parts of the parts where the LED type is not constructed and all of the parts of the parts of the parts of the case are spouted, the surface of the LED type is not equal, and therefore there is a defect in the need for re-installation of the LED type (cost 600,00 won).

C. The Plaintiff received a total of KRW 46,000,000,000 from the Defendant as the instant construction cost on November 24, 2015, and KRW 20,000,000 on March 27, 2017, and KRW 46,00,000.

[Reasons for Recognition] A.1 to 6 Evidence, each entry of appraiser C, the result of appraiser C’s appraisal, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, the Defendant is obligated to pay the Plaintiff the remainder of the construction cost of KRW 5,251,030 (i.e., KRW 57,200, KRW 00 - KRW 26,000,000 as of November 24, 2015 - KRW 20,000 as of March 27, 2017 - KRW 4,461,900 as of (1) defect repair - (2) - KRW 887,070 as of (3) defect repair - KRW 600,000 as of March 23, 2016 following the delivery of a copy of the complaint of this case, to the Plaintiff at the rate of 15% per annum as stipulated in the Commercial Act from March 23, 2016 to April 19, 2017.

B. In addition to the above defects, the defendant has a defect in the phenomenon that has been laid down on the ED electronic sign board screen, and there is a defect in the phenomenon that has been laid down or lowered once, and 1-B.

The damage occurred in excess of the defect repair cost recognized in the paragraph.

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