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(영문) 의정부지방법원 2016.06.30 2015가합53145

공사대금

Text

1. The Defendant’s KRW 232,200,000 as well as the Plaintiff’s annual rate from March 15, 2015 to August 12, 2015, and the following.

Reasons

1. Facts of recognition;

A. The plaintiff is a corporation incorporated for the purpose of building construction business of reinforced concrete. The defendant is a corporation established for the purpose of building construction business.

B. The Defendant contracted a new construction of the instant art gallery (cgallon; hereinafter “instant art gallery”) on the land outside Pyeongtaek-gun, Gyeonggi-do, and four parcels, and subcontracted the construction work to the Plaintiff by setting the construction cost of KRW 1 billion, excluding the incidental civil engineering, landscaping, outer wall stone construction, and heating and cooling construction among the foregoing construction works (hereinafter “instant subcontracted construction”).

C. From September 15, 2014, the Plaintiff suspended construction work while performing the subcontracted project in this case.

On January 15, 2015, the Plaintiff and the Defendant adjusted the accounts with the following contents:

Since January 15, 2015, the remaining construction shall be waived and settled in another Section after completion of the upper SLAB non-permanent concrete theory. The settlement shall be made in Section 582,00,000 won (excluding the portion of steel reinforced concrete construction works, value-added tax) by January 15, 2015, and no civil charges shall be raised thereafter by the plaintiff and the defendant after the completion of the construction of reinforced concrete works. The non-permanent funds shall be paid in full on January 30, 2015.

D. The Defendant paid to the Plaintiff KRW 408,00,000 in total ( KRW 88,000,000,000 on October 14, 2014; KRW 100,000,000 on November 14, 2014; KRW 65,000,000 on December 1, 2014; KRW 40,000,000 on December 15, 2014; KRW 50,000,00 on January 8, 2015; KRW 65,000,000 on February 17, 2015; and KRW 50,000 on December 15, 2014; and KRW 65,00,000 on February 17, 2015).

E. After completion of the construction of the instant art gallery, registration of ownership preservation was completed on August 21, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including virtual number), Eul evidence No. 1, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of delay compensation from March 15, 2015, which the Plaintiff seeks from 232,200,000 [=640,200,000 (i.e., other settlement amount: 582,00,000 x 1.) - 408,000,000] and the date of payment.