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(영문) 광주지방법원 2016.02.18 2014가단50147

공사대금

Text

1. The Defendant’s KRW 13,158,130 for the Plaintiff and 6% per annum from October 22, 2014 to February 18, 2016.

Reasons

Facts of recognition

On November 28, 2013, the Plaintiff was awarded a contract with the Defendant for the construction of a new building in the Nam-gu Seoul metropolitan living facility in Gwangju (hereinafter “instant construction”) in the amount of KRW 1550 million (value-added tax separately), and the amount of KRW 50 million out of the price with the Defendant shall be paid in advance; the amount of KRW 50 million for the first half payment shall be KRW 50 million upon completion of the assembly of the steel frame; the amount of KRW 30 million for the second half payment shall be paid within one month after the completion of the construction of the steel frame; the period of construction shall be from December 1, 2013 to January 31, 2014; if the construction fails to be completed within the said period, the amount of compensation for delay shall be calculated by multiplying the contract amount by 10.1% for each number of days, and no specific calculation method shall be written in the contract (Evidence 1).

The agreement to pay was made.

Since then, the Plaintiff agreed to add a part of the construction work with the Defendant and to receive additional payment of KRW 5,50,000 (=2,000,000,000,000,000,000,000,000,000,000,000,000 for the installation of additional stairs for the primary purpose).

On May 28, 2014, the Plaintiff completed the instant construction and additional construction and obtained approval for use.

The Defendant paid KRW 30 million to the Plaintiff on December 6, 2013, KRW 20 million on December 13, 2013, KRW 30 million on December 27, 2013, KRW 20 million on December 27, 2013, KRW 20 million on December 30, 2013, KRW 50 million on January 29, 2014, KRW 10 million on March 29, 2014, KRW 30 million on April 21, 2014, KRW 121 million on behalf of the Plaintiff and KRW 121 million on May 20, 2014, respectively, to the Plaintiff.

[Ground of recognition] In light of the above-mentioned facts without any dispute, Gap evidence Nos. 1, 2, 3, and 4, and the purport of the entire pleadings, barring any special circumstance, the defendant shall pay to the plaintiff 27.1 million won for the construction work of this case = 5.5 million won for the additional construction work of this case = 15.5 million won for the construction work of this case - KRW 121 million for the agreed amount of direct payment - 12.4 million for the direct payment.