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(영문) 수원지방법원 2014.08.21 2014가합60883

공사대금

Text

1. The Defendant’s KRW 54,796,50 for the Plaintiff and KRW 16% per annum from August 7, 2013 to February 13, 2014.

Reasons

1. On February 28, 2013, the Plaintiff agreed to pay damages for delay at the rate of 16% per annum from the day following the due date of payment to the due date of payment for the unpaid amount of the construction work for the new construction of neighborhood living facilities (hereinafter “instant building”) on the land B and C (hereinafter “instant building”) from the Defendant on the grounds that: (a) the Plaintiff was awarded a contract for construction work on the basis of the period from March 1, 2013 to August 5, 2013 (hereinafter “instant contract”); and (b) the Defendant paid the Plaintiff KRW 217,80,000 as advance payment for the construction work; and (c) the remainder shall be paid at the due date of completion of the instant building and the approval for use thereof shall be paid at the rate of the monthly. If the Defendant fails to give the due date for the payment of the construction work, the Plaintiff agreed to pay the unpaid amount at delay interest rate of 16% per annum.

The Plaintiff newly built the instant building in accordance with the instant contract and obtained approval for the use of the said building on August 6, 2013.

After the conclusion of the instant contract, the Defendant paid the Plaintiff a total of KRW 1.62 billion as indicated in the following table as construction cost.

20,000,000 on April 4, 2013; 30,000 on May 22, 2013; 30,000 on May 3, 2013; 40,00 on May 3, 2013; 30,00 on May 5, 200; 30,00 on May 5, 2013; 30,00 on June 21, 2013; 30,00 on June 12, 2013; 40. 1.30,00 on June 13, 2013; 1. 40,00 on June 20, 201, 200 on June 20, 2013;

2. According to the above facts of recognition as to the cause of the claim, the defendant completed the building of this case and obtained approval for use.