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(영문) 대구지방법원 경주지원 2018.07.24 2017가단13024
공사대금
Text

1. The Defendant’s KRW 23,132,00 and plus 5% per annum from September 1, 2013 to July 24, 2018 to the Plaintiff.

Reasons

Basic Facts

The following facts may be acknowledged either as a dispute between the parties or as a whole by taking account of the respective descriptions of Gap evidence Nos. 1 and 2 and the whole purport of pleadings:

On May 20, 2013, the Plaintiff received a contract from the Defendant to June 30, 2013 with the cost of installing a sprinker (hereinafter “instant construction”) of a golf course in Samsung-si (hereinafter “instant construction”) of KRW 137,50,000 (including value-added tax and the balance shall be paid in August) and the construction period from May 22, 2013 to June 30, 2013.

B. On April 2014, the Plaintiff completed the instant construction project and the repair of defects and delivered them to the Plaintiff.

C. On July 11, 2013, the Defendant paid KRW 40,000,000 to the Plaintiff out of the instant construction cost.

According to the above facts of recognition as to the cause of claim, the defendant is obligated to pay the plaintiff the balance of the construction cost of this case 97,500,000 won and delay damages, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. The summary of the Defendant’s assertion 1 concluded the instant construction contract by setting excessive volume than the actual construction volume, and concluded the instant construction contract without using materials as stated in the design statement, and reduced the standards of water pipes. As such, KRW 33,000,000 corresponding to the construction cost of the instant construction contract shall be deducted from the construction cost of KRW 97,500,000, which reduced the volume of the materials as above.

In addition, due to the decline in the hingler's hingr's hingr's hings constructed by the Plaintiff, which did not work properly and did not supply water, the expenses for 7,700,000 hing replacement costs and 16,50,000 hinging replacement costs paid upon entering into a subcontract with D Co., Ltd., and thus, the aforementioned expenses for repairing defects should also be deducted.

In addition, the water cycle cost, 1,628,00 won, 53,800,000 won, which the Defendant invested from November 201 to April 2016, 201, should also be deducted, and the materials remaining at the site amounting to 3,162,390 won.

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