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(영문) 광주지방법원 2019.10.17 2018가단23266
공사대금
Text

1. The Defendant’s KRW 80,412,579 for the Plaintiff and KRW 5% per annum from November 23, 2018 to October 17, 2019.

Reasons

1. On March 23, 2018, the Defendant: (a) decided on the cause of the claim that the contract amount was KRW 469,350,000 to the Plaintiff; and (b) contracted the construction of a neighborhood living facility and multi-family house in C in Bju City (hereinafter “instant construction”); (c) paid KRW 370,00,000 out of the construction cost; and (d) did not pay the remainder of KRW 99,350,000 to the Plaintiff, barring special circumstances, barring any dispute between the parties, the Defendant is obligated to pay the Plaintiff KRW 99,350,000,

2. The defendant's assertion and defense

A. Regarding the assertion that the industrial accident insurance premium and the employment insurance premium should be deducted from the construction cost, the Defendant, on behalf of the Plaintiff, paid the total of KRW 5,575,640 as the industrial accident insurance premium and the employment insurance premium necessary for the instant construction work.

According to the evidence evidence Nos. 1, 1, and 13 of the instant construction contract, Article 13 and 14 of the General Conditions of the instant construction contract provide that the Plaintiff, the contractor, is obligated to subscribe to industrial accident insurance and employment insurance. The Defendant can recognize the fact that the Defendant paid the total amount of KRW 1,527,160 with the industrial accident insurance premium, KRW 1,527,160 with the employment insurance premium, KRW 5,575,640 with the industrial accident insurance premium, and thus, the Defendant’s above assertion has merit.

The plaintiff asserted that since the defendant agreed to pay the industrial accident insurance premium and the employment insurance premium at the time of implementing the construction contract of this case, the above insurance premium paid by the defendant should not be deducted from the construction cost, but the plaintiff's assertion is not accepted since there is no evidence to acknowledge the above assertion

B. In full view of the purport of the entire pleadings based on the appraisal result of an offset defense appraiser D based on the claim for damages in lieu of defect repair, the Defendant filed a claim for damages in lieu of defect repair on November 22, 2018 by submitting a written answer to the Plaintiff that there is a defect in the building constructed by the Plaintiff, the lower court’s claim for damages in lieu of defect repair, the lower court’s 1st floor, the lower court’s ceiling

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