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(영문) 서울서부지방법원 2017.01.20 2016가단17999
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 67,50,000 and the interest rate of KRW 15% per annum from May 31, 2016 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments as to the cause of the claim Gap 1 through 5, the defendant is found to have been awarded a contract from the non-party Eul, the owner of the building for the new construction of a multi-household building on three lots outside Gwanak-gu in Seoul Special Metropolitan City, and the part of the construction among them subcontracted to the plaintiff. ② The plaintiff completed the examination of the part of the tin construction, ③ the payment of KRW 67.5 million out of the subcontract price that the defendant would pay to the plaintiff

Therefore, barring any other special circumstances, the Defendant is obligated to pay to the Plaintiff the amount of KRW 67.5 million payable to the Plaintiff and the damages for delay calculated at the rate of 15% per annum from May 31, 2016 to the day of full payment, which is the day following the day when the original copy of the payment order was served to the Defendant before being performed as the instant lawsuit, as requested by the Plaintiff.

2. The defendant's assertion argues that "the plaintiff did not complete the construction work for the tin portion, as well as the defects occurred in the completed part of the construction work, and therefore, C, the owner, does not pay the payment for the construction work to the defendant. Accordingly, the defendant is also unable to pay the remainder of the subcontract price to the plaintiff. Therefore, the plaintiff's obligation to repair the defects is first fulfilled or the costs that substitute the defect repair should be deducted from the amount that

Therefore, comprehensively taking account of the overall purport of the arguments in the statement in the following: ① the Plaintiff completed the defect repair work of the tin work and received a written confirmation of the completion of defect repair from the owner; ② the parts other than the tin work performed by the Plaintiff, and ③ the original Defendant and the owner of the tin work should pay the construction cost directly to the Plaintiff.

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