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(영문) 대전지방법원천안지원 2016.12.13 2016가단102685

공사대금

Text

1. The Defendant’s KRW 38,557,200, and the Plaintiff’s annual rate of KRW 5% from January 12, 2016 to December 13, 2016.

Reasons

1. Basic facts

A. On July 11, 2015, the Plaintiff entered into a construction contract with the Defendant for the construction work (hereinafter “instant construction contract”) with the Defendant’s prior factory located in Seoan-gu, Seoan-gu (hereinafter “instant factory”) located in Seoan-gu, 322-3, for the construction cost of KRW 838,200,00 (including value-added tax) (hereinafter “instant construction contract”), and the main contents are as follows.

[Main Contents of the instant construction contract] Commencement Date: The scheduled date of completion on July 11, 2015: (i) the payment method of the construction price on September 30, 2015: 1) the contract deposit of KRW 167,640,000; (ii) the contract date; (iii) the intermediate payment of KRW 251,460,000; (iv) the intermediate payment of KRW 7 days after the completion of the steel frame; and (iii) the balance of KRW 251,460; (7),640,000 after the completion of the packing work; and (20%) the remainder (3): 167,640,000; (7) the interest rate for delay within 10.1% per day after the completion of the inspection: the construction price per day is liable for any delay in the completion and completion of all construction works attributable to the Defendant.

Where it is impossible for the plaintiff to move or temporarily move into a facility due to a cause attributable to the plaintiff by September 22, 2015, the plaintiff shall compensate the defendant for other compensation and operating losses until the time it is possible to move into a facility.

B. The Defendant occupied the instant factory on September 22, 2015, but obtained the approval for the use of the instant factory on January 4, 2016.

C. The Plaintiff was paid KRW 761,085,600 as the construction price of the instant construction project by the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 12 (including provisional number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant’s establishment of the obligation to pay the remainder of the construction project of this case is as follows: KRW 77,114,400 (=8,200,000 - KRW 761,085,60) under the contract for the construction project of this case and its corresponding amount.