beta
(영문) 수원지방법원평택지원 2019.10.18 2018가단7059

감리비

Text

1. The defendant shall pay 70 million won to the plaintiff and 15% per annum from September 7, 2018 to the day of complete payment.

Reasons

1. Basic facts

A. The Plaintiff is a company running the construction design and supervision business, etc., and the Defendant is a person who newly constructs multi-family housing (urban-type residential housing) on the ground of Pyeongtaek-si C (hereinafter “instant new construction”).

B. On May 25, 2017, the Plaintiff entered into a supervision agreement with the Defendant regarding the instant newly built construction (hereinafter “instant supervision agreement”) on the following terms:

Contract amount: 75 million won (excluding value-added tax), (5 million won per month, each 5 million won until May 2016 or July 2017) - Payment shall be 5 million won per month, and the period of suspension of construction shall be 2.5 million won per month.

-The period of permanent supervision shall be from the date of commencement to the date of approval for use, and shall be adjusted in five million won per month when the period is changed.

- 5 million won per month shall be paid on the last day of each month.

- Payment is completed until May 25, 2017, the supervision fees of 37.5 million won, up to May 2017 unpaid as of May 25, 2017, by June 31, 2017.

- At the same time as this contract is concluded, the existing contract will be reversed.

C. The construction was suspended due to the circumstances of the construction in the instant case. On February 5, 2018, the Plaintiff paid KRW 10 million out of the total supervision cost of KRW 82.5 million from the Defendant to February 5, 2018, and shall pay the remainder of KRW 72.5 million by the end of April. If not paid by the said date, the Plaintiff bears 15% interest per annum on the remainder and bears all legal responsibilities: Provided, That from March 1, 2018, the construction is suspended and the supervision cost is calculated as KRW 2.5 million.”

(D) Preparation and delivery was made and received. The instant new construction corporation is still interrupted without resumption of the construction, and the Plaintiff prepared a supervision log by July 2017. [The fact that there is no dispute over recognition, the entries in Gap 1 and 2, and the purport of the entire pleadings.]

2. The assertion and judgment

A. The Plaintiff’s assertion is the unpaid amount of supervision fees according to the instant payment memorandum until the end of February 2018.