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(영문) 서울남부지방법원 2017.11.28 2017가단200010
공사대금
Text

1. The Defendant’s KRW 44,00,000 as well as 5% per annum from November 9, 2016 to November 28, 2017 to the Plaintiff.

Reasons

1. Summary of the parties' arguments

A. Plaintiff 1) On September 21, 2016, with the Defendant, KRW 220,00,000 (contract deposit amount of KRW 8,800,000) for interior remodeling works of Seocho-gu Seoul Metropolitan Government C building D, with the Defendant, for the same year as the first intermediate payment of KRW 35,20,000 on August 31, 2016; and

9. In 22. The second intermediate payment of KRW 132,00,000 was agreed to pay the balance of KRW 44,00,000 on October 14 of the same year, and the balance of KRW 44,00,000 on November 8, 2016.

(A) The term of construction from September 19, 2016 to October 28 of the same year (hereinafter “instant contract”).

(2) The Plaintiff did not receive KRW 44,00,000 among the construction cost as above from the Defendant. (2) The Plaintiff, while performing the construction work as stipulated in the instant contract, did not perform a separate interior construction work that is not included in the said contract at the Defendant’s request and did not receive KRW 88,00,000.

3) The Defendant is obligated to pay the Plaintiff the construction cost of KRW 132,00,000 and the damages for delay stated in the purport of the claim therefor. B. Defendant 1 did not complete the construction work as stipulated in the instant contract by October 28, 2016.

On November 9 of the same year, when the construction has not been completed, the defendant moved into the building that was executed by the above construction, and there were many defects in the construction works secured by the plaintiff.

The contract of this case was rescinded by suspending construction work around December 5 of the same year, because the Defendant did not properly resolve the problem even though the Defendant had time to complete construction work until the same month.

2) There is no separate agreement on the details and amount of the additional construction claimed by the Plaintiff. 3) The Plaintiff’s claim for the remainder of construction works is extinguished if it is offset against the Defendant’s damage claim against the Plaintiff in lieu of the defect repair (a reasonable amount of KRW 142,518,650). Therefore, the Plaintiff’s claim

2. Determination

A. The Plaintiff and the Plaintiff whether the construction stipulated in the instant contract has been completed.

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