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(영문) 춘천지방법원원주지원 2016.11.10 2015가단6004
공사대금
Text

1. The Defendant: (a) KRW 61,347,00 for the Plaintiff and its related KRW 20% per annum from September 22, 2015 to September 30, 2015; and (b) October 1, 2015 for the Plaintiff.

Reasons

1. Basic facts

A. On October 8, 2014, the Plaintiff was awarded a contract with the Defendant for a basic construction work, etc. (hereinafter “instant construction work”) among polymmar Factory New Construction Works Co., Ltd., Ltd. (hereinafter “instant construction work”) located in Mannam-ri 335-1 on the basis of the total construction cost of KRW 589,270,00 (including value-added tax) and the construction period of construction from October 8, 2014 to December 30, 2014.

B. The Plaintiff completed the instant construction on January 20, 2015.

C. On October 31, 2014, the Defendant paid the Plaintiff KRW 184,80,000, out of the construction cost of the instant construction project, KRW 94,710,000 on November 28, 2014, and KRW 115,247,00 on December 31, 2014.

Until now, the amount unpaid out of the construction cost under the contract for the instant construction project is KRW 115,247,00.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that since the plaintiff completed all of the construction work of this case, the defendant should pay the plaintiff the construction cost of 115,247,000 won and damages for delay thereof. 2) The defendant asserts that the plaintiff did not comply with the construction period of the construction work of this case, and the business losses occurred in polymmmmmm Co., Ltd. which is the main contractor, and that the concrete of polymmmmmmmp Co., Ltd. built by the plaintiff did not properly grow due to the same damage, the defendant removed and reconstructed the rooftop concrete, and the defendant did not construct the rooftop concrete properly, and that the ground subsidences and collapse risks occur due to the plaintiff's failure to complete construction of the tmmp axis.

The defendant did not make any particular argument on the legal effect of the above argument.

In this case, the Defendant stated that “The remainder of the construction work shall be paid KRW 115,247,00 after the settlement of the delayed repayment of AS and delay in the construction work” (the preparatory document dated April 21, 2016), and that the Defendant applied for the appraisal of the defects of the instant construction work, as well as the appraisal of the actual defects.

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