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(영문) 창원지방법원 2019.08.22 2018가단110977

공사대금

Text

1. The counterclaim Defendant: 44,400,191 won to the counterclaim and 5% per annum from June 28, 2018 to August 22, 2019.

Reasons

1. Basic facts

A. The party’s related Counterclaim Plaintiff is a corporation that runs a construction business, and the counterclaim Defendant is a corporation that runs the automobile maintenance business.

B. 1) On December 19, 2015, the Plaintiff entered into a contract for construction works with the counterclaim Defendant for the construction of a new automobile maintenance facility under the following conditions. The construction period from January 4, 2016 to May 3, 2016: the contract amount: KRW 1,523,500,000 (including value-added tax of KRW 138,500,000): The contract amount payment period: KRW 418,500,000 at the time of entering into the contract; KRW 445,50,000 at the time of completion of the steel frame; KRW 330,000,000 at the time of completion of the steel frame; and KRW 330,300,000 from the date of receipt of the object; and KRW 330,000,0000 from the date of alteration to the construction period to 361,206.616.

(A) The contract for construction work entered into with the counterclaim Defendant, including the above modified contract, (hereinafter “instant contract”).

1) The Counterclaim Plaintiff completed the construction on or after the end of June, 2016, and the Counterclaim Defendant completed the construction on or after July 7, 2016 (hereinafter “instant building”).

(2) As to the Plaintiff, the counterclaim Defendant paid the remainder of KRW 1,630,70,000 as the total of KRW 1,523,50,000 for the initial construction cost, and KRW 106,70,000 for the additional construction cost following a design change, among KRW 1,630,200 for the additional construction cost, and KRW 418,000,000 for the additional construction cost on December 28, 2015, and KRW 405,000 for the April 26, 2016, and KRW 305,000,000 for the previous construction cost on June 222, 2016, and KRW 290,000 for the remainder of KRW 10,000 for the additional construction cost on December 9, 2016, and KRW 10,000 for the additional construction cost on January 20, 2017.