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(영문) 제주지방법원 2016.09.20 2016가단1426
공사대금
Text

1. The defendant shall pay 3,00,000 won to the plaintiff and 15% per annum from July 1, 2016 to the day of complete payment.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff concluded a contract with the Defendant to complete the construction work by setting the painting construction period from January 20, 2015 to March 31, 2015, and the construction cost of KRW 77 million from March 31, 2015.

In addition, on February 11, 2015, the Plaintiff: (a) contracted each construction work with the Defendant; (b) KRW 6 million for the construction cost; (c) KRW 5 million for the construction cost for E-on March 17, 2015; and (d) KRW 9 million for the F-office painting construction work on May 8, 2015.

During the period from April 21, 2015 to September 24, 2015, the Defendant paid only KRW 64 million out of the total construction cost of each of the above construction works, and did not pay the remainder of KRW 33 million. Thus, the Defendant seek payment of the unpaid construction cost of KRW 33 million against the Defendant.

B. The Defendant asserted that the Defendant decided to adjust the subsequent price for the C seal work, and that prior to the Plaintiff’s execution of the work, the amount of KRW 10,00,000,00 of the 3 seal work had already been executed, and this portion should be reduced. Since the Plaintiff’s defect in the 6,484,00,00 for the cost of repairing the defect, this portion should also be reduced.

2. With respect to the Plaintiff’s claim seeking payment of the unpaid construction cost for the determination of the cause of the claim, D assembly-type works, E exptop construction works, and F office painting works, the Defendant only asserted as above with respect to C painting works, and had not been present for the remainder of the construction works three times or more without any particular argument, and it is deemed that the Defendant does not dispute the remainder construction works.

According to Gap evidence No. 1, it can be acknowledged that the plaintiff and the defendant have written a written contract for construction work for painting construction work on June 30, 2015. Thus, barring any special circumstance, the construction cost stated in the above written contract is as it is.

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