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Reasons
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(영문) 서울남부지방법원 2020.10.22 2019가단265721
공사대금
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The defendant's KRW 28,871,462 to the plaintiff and 5% per annum from June 25, 2019 to October 22, 2020.

Reasons

1. Determination as to the cause of claim

A. The Plaintiff asserted that the Plaintiff was paid KRW 269,50,000,000,000 as agreed upon by the Defendant, on the grounds that the Plaintiff completed the subcontracted installation and pipeline construction. However, the Plaintiff was paid KRW 29.5 million.

Therefore, the defendant is obligated to pay the plaintiff the unpaid construction cost of KRW 60 million and delay damages.

B. 1) The Plaintiff is a person who constructs, pipes heating works, etc. with the trade name of “C”, and the Defendant is a company that carries out reinforced concrete construction business, soil construction business, etc. (2) On April 20, 2018, the Plaintiff was awarded a subcontract by setting the construction cost of machinery and equipment and fire-fighting construction work amounting to KRW 145 million (excluding value-added tax) and the construction period from January 20, 2018 to July 10, 2018.

3) Subsequent to the construction work, the Plaintiff prepared a statement of increase and decrease (No. 2) due to the design modification, and set the additional construction cost as KRW 80 million between the Plaintiff and the Defendant (hereinafter referred to as the “instant construction work”) and the subcontracted construction work.

4) The Plaintiff completed the instant construction work.

5) On April 20, 2018, the Defendant: (a) KRW 10 million on April 20, 2018; (b) KRW 10 million on May 23, 2018; (c) KRW 22 million on May 17, 2018; and (d) KRW 49.5 million on June 12, 2018; (b) KRW 30 million on July 29, 2018; (c) KRW 15 million on July 19, 2018; (d) KRW 27,10 million on the same month; (e) KRW 20 million on December 21, 2018; (e) KRW 3 million on January 29, 2019; and (e) KRW 10 million on the entire evidence payment; and (e) dispute over the payment of KRW 4 million on July 28, 2019; and (e) KRW 5 million on the entire evidence payment.

C. According to the facts established prior to the judgment, the Defendant is obligated to pay to the Plaintiff KRW 30 million ( KRW 159,500,000 KRW 80,000 KRW 80,000 KRW 29,500 KRW) and damages for delay.

2. Judgment on the defendant's assertion

A. The defendant's assertion that there is a defect in the construction of the instant case is appraised in the relevant case.

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