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(영문) 서울남부지방법원 2016.06.16 2015가단25826
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 28,213,192 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from July 1, 2015 to June 16, 2016.

Reasons

1. Facts of recognition;

A. On March 5, 2015, the Plaintiff entered into a construction contract (hereinafter referred to as “construction contract”) with the original and the Defendant under which the construction cost is KRW 65,00,000,00 for the creative construction of a building of the sixth floor above the Seoul Yangcheon-gu Seoul and the sixth floor on the ground of land [No. 5,00, there is no express expression that “value-added tax separate” is provided in a subcontract (Evidence A, total amount of KRW 4,501,00) submitted by the Plaintiff. According to the witness C’s testimony, the Plaintiff may recognize the fact that the construction contract was entered into with the exception of KRW 501,00,00, since it is recognized that the construction contract was entered into between the original and the Defendant as “a separate contract for construction project” (hereinafter referred to as “the first construction contract”).

At the time, the original and the Defendant agreed to the effect that “All materials or construction methods shall be conducted as constructed by Yangcheon-gu E. If the City does not work for three (3) days at the site, it shall waive all the rights and shall not file a civil or criminal objection,” and (hereinafter “instant agreement”).

B. On April 3, 2013, when the Plaintiff had been performing the construction of a fire door affixed, the Defendant’s husband C requested manufacturing of a new door door on the ground that the manufacturing company is different from the manufacturing company of Gyeyang-gu E under the instant agreement from the manufacturing company under the instant agreement.

The plaintiff presented the business registration certificate, factory registration certificate, the results of the Disaster Prevention and Testing Institute test institute test report, and the Korean Industrial Standards Mark (3.5 No.6 No.6) attached by the plaintiff under the contract of this case, and the E door and quality under the contract of this case are the same as the quality of the E door in the contract of this case, and the defect C suffered excessive damage when re-purchase is completed.

(c) 44,065,980 Won 65,00,000,000, not later than that time, for the construction work due to the non-construction, except for the non-construction portion.

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