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(영문) 서울중앙지방법원 2017.07.25 2015가단206728

공사대금

Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 12,961,00 to the Defendant (Counterclaim Plaintiff) for KRW 12,961,00 and for this, from June 23, 2015 to July 25, 2017.

Reasons

1. Facts of recognition;

A. On April 22, 2015, the Plaintiff concluded a construction contract between the Defendant and the Defendant by determining the construction cost of KRW 72,700,000 for the interior works of Gangnam-gu Seoul Metropolitan Government C Apartment 13 Dong 402, and the construction period of KRW 72,70,000 for the interior works, from April 23, 2015 to May 29, 2015, and the liquidated damages for delay are 2/100 for each day (in the contract, 2/100 for the contract, 2/100 for the written contract, but not for dispute between the parties as to the clerical error).

(A) The director of the Corporation ("the Corporation of this case") agreed that D Company has a joint and several liability for the Plaintiff's obligation to the Defendant, and as a matter of a special agreement, D Company shall have a joint and several liability for the beneficiary's joint and several liability with the same responsibility as the beneficiary in the contract execution securities and the defect performance securities issued in the name of the beneficiary, and the beneficiary and the guarantor of the beneficiary shall pay 7,270,000 won as penalty when the beneficiary fails to comply with the contract within three days after the request from the ordering person.

B. On April 27, 2015, the Defendant paid the down payment of KRW 7,270,000 to the Plaintiff. On May 11, 2015, the Defendant paid KRW 14,861,200 out of the first construction cost of KRW 14,800,000, and the Plaintiff claimed KRW 13,923,000 on June 2, 2015 to the Defendant.

C. On June 19, 2015, the Defendant notified the Plaintiff of the termination of the contract on the ground that the agreed term of construction was violated due to the Plaintiff’s defective construction works.

On June 23, 2015, E, an agent of the Plaintiff, prepared a written confirmation of shipping out while shipping all tools, equipment, etc. of the instant construction site.

[Ground of recognition] Facts without dispute, Gap 1 to 9 evidence, Eul 5 to 28 evidence, the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above findings of the determination as to the unpaid construction cost, the Defendant shall pay the remainder of the construction cost to the Plaintiff = KRW 6,714,200, plus KRW 28,784,200.