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(영문) 광주지방법원 2020.10.22 2020가합53106
공사대금
Text

1. The Defendant’s KRW 129,00,000 and the Plaintiff’s annual amount of KRW 6% from December 24, 2019 to October 22, 2020 and October 20, 202.

Reasons

1. Basic facts

A. The Plaintiff is a company running heating and cooling design and installation business, and machinery and equipment business, and the Defendant is a company running new housing sales business.

B. On March 20, 2019, the Plaintiff entered into a subcontract with the Defendant with the following terms (hereinafter “instant construction”).

1. A project owner: C;

2. Original contract name: D New construction works;

3. The name of subcontracted project: Construction of machinery and equipment among new D installation works;

4. The construction site: All members of the North Chang-gun, North Korea.

5. Period of construction: From March 20, 2019 to November 30, 2019 (construction works).

6. Contract amount: 969,000,000 won;

C. On December 23, 2019, the Plaintiff completed the instant construction work.

10,000,000 won on August 30, 2019 as a temporary payment, C (State) of KRW 80,000,00 on October 8, 2019, KRW 230,000 on November 1, 2019, C (State) of KRW 250,000,000 on December 11, 2019 (State), C (State) of KRW 40,000,000 on January 30, 200 (State) (State) of KRW 10,000,000 on April 27, 2020, KRW 100,000 on May 30, 200 (State) of KRW 80,000 on May 29, 200, KRW 8000,000 on the aggregate of Defendant

D. The Defendant paid to the Plaintiff KRW 840 million out of the construction cost of KRW 969 billion, as shown in the following table:

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including branch numbers for those with additional numbers) and the purport of whole pleadings

2. The fact that the Plaintiff completed the instant construction project, and the Defendant paid the Plaintiff the construction cost of KRW 840 million out of KRW 969 million under the instant construction contract, as seen earlier.

Therefore, the Defendant claimed damages for delay from November 30, 2019, on the premise that the completion date of the instant construction work is November 30, 2019, on the premise that the Plaintiff is the day following the completion date of the instant construction work (i.e., KRW 969 million - KRW 840 million - KRW 840 million) and that the Plaintiff filed damages for delay on December 23, 2019. However, as recognized earlier, the completion date of the construction work is around December 23, 2019, and thus, the Plaintiff recognized damages for delay from the next day.

From October 22, 2020, it is reasonable for the defendant to resist the existence or scope of the obligation.

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