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(영문) 광주지방법원 2021.02.18 2020가단516617
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) is 2,425,00 won against the defendant (Counterclaim plaintiff).

Reasons

1. Facts of recognition;

A. On August 19, 2016, the Plaintiff and the Defendant concluded a contract on the construction of KRW 42,679,00 for the contract amount, the construction period from November 10, 2016 to November 27, 2016, and the warranty period is two years to the Plaintiff to contract the construction of wood pellets in the agricultural facilities operated by the Defendant to the Plaintiff (hereinafter “instant construction”).

B. On November 10, 2016, the Plaintiff submitted the completion report that the instant construction work was performed by the Mayor of Seosan City.

(c)

On December 13, 2016, the Plaintiff issued a tax invoice to the Defendant claiming construction cost of KRW 42,670,000 to the Defendant. On December 20, 2016, the Defendant remitted the construction cost of KRW 25,607,40 to the Plaintiff and paid all the instant construction cost.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 through 3, Eul evidence Nos. 14 and 15, the purport of the whole pleadings

2. Judgment on the plaintiff's main claim

A. The Plaintiff’s assertion 1) completed the instant construction on November 10, 2016, and the period of gratuitous repair is November 10, 2018 when two years have elapsed from the date of completion.

From December 6, 2018 to December 31, 2018, the Plaintiff accepted the heating apparatus with compensation at the Defendant’s request on three occasions during the period of free repair. The details are as shown in the attached Form, and the construction cost is KRW 3,100,000 in total.

Therefore, the defendant is obligated to pay to the plaintiff the construction cost of KRW 3,100,000 for consideration and the delayed damages.

2) On December 13, 2018, the Plaintiff had access to the Defendant’s workplace and continued to replace scrap dust and accelerators once, and had not received heating devices over three occasions.

On December 20, 2016, the Plaintiff’s construction completed, and the Defendant confirmed the normal operation of the heating system with the Plaintiff, and finally paid the amount to the Plaintiff.

Therefore, the starting date of the warranty period for defects is December 20, 2016, while the plaintiff on December 20, 2018, the expiration date of the warranty period.

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