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(영문) 전주지방법원군산지원 2019.06.04 2018가단7318
공사대금
Text

1. The Defendant’s KRW 22,00,000 as well as the Plaintiff’s annual rate of KRW 6% from November 10, 2018 to June 4, 2019.

Reasons

1. Basic facts

A. On December 1, 2017, the Plaintiff and the Defendant entered into a standard contract for fire-fighting system installation works (hereinafter “instant contract”) with regard to the construction of machinery and fire-fighting equipment (hereinafter “instant construction”) among the new construction works located in the Do-gun, Jeollabuk-do, for the construction cost of KRW 5 million (including value-added tax), from December 5, 2017 to July 30, 2018; and the warranty bond of KRW 1.65 million (at least 3/100 of the contract amount) (hereinafter “instant contract”).

B. The Plaintiff completed the instant construction, and on January 4, 2019, issued a guaranty insurance policy with F Co., Ltd. to perform the insurance amount of KRW 1650,000,000 to the Defendant.

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, 6 and 7, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 55 million under the instant contract and damages for delay, barring special circumstances.

B. On October 29, 2018, the Defendant asserted that the Plaintiff paid KRW 8 million to the Plaintiff via G, a prime contractor, Inc., Ltd., which is the prime contractor, KRW 10 million, KRW 500,000,000 from the Defendant’s account, KRW 500,000,000 on January 31, 2019, and KRW 333,000,000,000 on February 26, 2019. The Plaintiff asserted that the Plaintiff paid KRW 55,00,000,000,000, out of the construction cost under the instant contract, KRW 22 million,000,00,000,000 to the Plaintiff through G, which is the prime contractor, and thereafter, the Defendant’s assertion that the construction price is unpaid from the Defendant’s account is without dispute over the Plaintiff’s claim against the Plaintiff’s KRW 25,500,000,00.

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