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(영문) 창원지방법원 진주지원 2021.01.27 2019가단33513
공사대금
Text

Defendant B shall pay to the Plaintiff 12,601,824 won and the interest rate of 12% per annum from May 20, 2019 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 13, 2019, the Plaintiff entered into a contract with Defendant B for remodeling of the ground building D located in Jinju-si (hereinafter “instant building”) owned by Defendant C (hereinafter “instant construction”) (hereinafter “instant construction”), and the main contents thereof are as follows.

Date of commencement: The date scheduled for completion on February 13, 2019: 0.1%: Contract amount on April 30, 2019: 93,000,000 won delayed: 0.1%

B. On March 2019, the Plaintiff discontinued the instant construction project due to the difference in opinions with Defendant B.

(c)

On April 18, 2019, the Plaintiff: (a) calculated the progress payment amount of the instant construction project at KRW 82,705,200; and (b) verified the content of the Plaintiff’s claim for reimbursement of KRW 42,705,200 remaining after deducting the base-paid KRW 40 million; (c) on April 30, 2019, Defendant B sent a certificate to the effect that the Plaintiff cannot recognize the progress payment amount of the instant construction project.

(d)

Defendant B completed the instant construction work around May 3, 2019.

[Grounds for Recognition] Unsatisfy, entry in Gap evidence 1 to 6 (including branch numbers), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s contract for the instant construction project was unilaterally rescinded by the Defendant B, or terminated by the agreement between the Plaintiff and the Defendant B. It was approximately 56.56% (i.e., the Plaintiff’s progress payment amount of KRW 70,346,400, the Plaintiff’s total construction cost of KRW 124,372,400 x 100). Thus, the Defendants jointly and severally (Defendant B is the party to the instant contract for the construction project, and Defendant C is the owner of the instant building) and jointly and severally liable for delay in paying damages to the Plaintiff, excluding the Plaintiff’s progress payment of KRW 52,601,824,00 under the instant contract for the construction project x KRW 70,346,40,124,372,400 under the instant contract for construction project x KRW 93,000 under the instant contract for construction project x KRW 70,346,124,372,400).

B. Defendant C is not a party to the instant construction contract, and thus cannot comply with the Plaintiff’s claim, and the Plaintiff’s completion payment for the instant construction work is an appraiser.

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