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(영문) 서울동부지방법원 2016.06.03 2015가단46646
냉난방기납품 및 공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,220,00 and the interest rate of KRW 15% per annum from December 1, 2015 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On May 8, 2014, the Plaintiff entered into a contract with the Defendant for installation works for heating and cooling equipment supply and installation works (hereinafter “instant construction works”) among the new construction works of the Seogdong-gu Campus Training Institute (hereinafter “instant construction works”).

B. After the completion of the instant construction, the instant construction was completed to the trial run of each equipment. However, the instant construction was suspended when the materials necessary for the installation of central control devices were stored at the site due to disputes between the Seo River Team, the ordering authority, and the contractor in relation to the construction of new training institutes for the Seogyeong-gu Campus.

C. On November 14, 2014, the Defendant agreed to the Plaintiff at the intervals of paying the unpaid construction cost by November 21, 2014 with respect to the instant construction work.

In relation to the instant construction project, the Defendant received the full payment of the construction cost from the Seocho River, which is the ordering authority, on November 2014, but the Plaintiff received the total amount of KRW 284,700,000 from July 2014 to November 2014, and the Plaintiff received KRW 20,220,000 from the Defendant, and did not receive the remainder of the construction cost.

[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence Nos. 1 through 4, Eul evidence No. 1, and the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. According to the above facts, the defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 20,220,000 and delay damages, except in extenuating circumstances.

B. As to the judgment on the Defendant’s assertion, the Defendant asserts that the central control work should be completed and the remainder of construction cost should be paid. However, as seen earlier, the installation and the final trial run of the central control device can no longer be conducted due to disputes between the Western River and the trial run, and the Defendant is related to the instant construction project on November 14, 2014.

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