beta
(영문) 창원지방법원진주지원 2020.05.08 2020가단175

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 200,000,000 as well as 12% per annum from December 17, 2019 to the date of full payment.

Reasons

1. Basic facts

A. On October 10, 2018, the Plaintiff entered into a contract with the Plaintiff and the Defendant 1) The Hadong-gun C Center (hereinafter “instant Center”) from the Defendant, Gyeongnam-gun (hereinafter “instant Center”).

() From October 18, 2018 to December 25, 2018, an advance payment of KRW 105,000,000 for the total construction cost (including value-added tax) and the construction period from October 18, 2018 to December 25, 2018; and the method of payment of KRW 105,00,00 for intermediate payment of KRW 105,000 during October 2018; and ② during the period of intermediate payment of KRW 100,000 during 2018, the balance of KRW 140,00,000 was paid within 20 days after the completion of construction (hereinafter “first contract”).

(2) On January 2019, the Plaintiff received the total construction amount from the Defendant within 30 days after the completion of construction, setting the construction period to be paid within 40,000,000 of the total construction amount (including value-added tax) for the electricity and telecommunications works related to the instant center pentcom ventilation and the seizure facilities (the scope of construction: 2-7 electrical and telecommunications works related to the pentcom and the seizure facilities), and the construction period from January 10, 2019 to June 25, 2019.

(3) On October 10, 2018, the Plaintiff, from the Defendant, received the payment of the total construction amount within 30 days from May 30, 2019 to June 25, 2019 (hereinafter “third contract”) by determining that the Defendant received the payment of the total construction amount (hereinafter “third contract”). The Plaintiff received the payment of the construction amount within 30 days from the completion of construction (hereinafter “third contract”).

B) On April 26, 2019, Korea Electrical Safety Corporation conducted a pre-use inspection of electric installations of the instant center, and passed the inspection result. (c) The Defendant paid the Plaintiff KRW 105,000,000 in total, and KRW 100,000 in total, as of November 13, 2018, and April 17, 2019, and paid the Plaintiff KRW 205,000,000 in total, among the construction cost under the first contract. The construction cost under the second and third contract was not paid at all.