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(영문) 서울중앙지방법원 2015.09.02 2014가합58769

공사대금

Text

1. The defendant shall pay 145,00,000 won to the plaintiff and 20% per annum from November 8, 2014 to the day of complete payment.

Reasons

1. Determination on the cause of the claim

A. 1) The Plaintiff’s assertion 1) The Plaintiff’s assertion is an international campus of the annual household school located in the Defendant and Incheon Songdo (hereinafter “instant construction”). The Plaintiff’s assertion is a new construction of a dormitory Kapeta (hereinafter “instant construction”).

(2) As to the Plaintiff, the Defendant is obligated to pay the Plaintiff the above KRW 145 million and its delay damages, since the contract amount was concluded with KRW 275 million, and the instant construction was completed. The Defendant paid KRW 130 million with the construction cost, and the Defendant did not pay the remainder of KRW 145 million with the payment of the construction cost. Thus, the Defendant’s assertion that the Plaintiff would have the Plaintiff progress the instant construction work. However, as the Defendant did not accurately know the Plaintiff’s ability or credit, the Defendant agreed to pay the construction cost according to the progress of the construction without confirming the specific construction cost.

(b) Evidence A (including each number; hereinafter the same shall apply) Nos. 1, 2, 3, 6, 7, and 8

In full view of the purport of the entire pleadings, the following facts may be acknowledged.

① Around February 2014, the construction cost of the instant construction project shall be KRW 275 million; the down payment of KRW 50 million shall be KRW 50 million on February 18, 2014; the first intermediate payment of KRW 50 million on February 28, 2014; and the second intermediate payment of KRW 100 million on March 10, 2014; and the written contract that stipulates that KRW 75 million shall be paid on March 31, 2014; the end of the said contract is the official seal of the project owner; while the project owner and the contractor are written as the Defendant and the Plaintiff.

② On March 21, 2014, A, who is an employee of the Defendant, prepared and delivered a written confirmation of work completion concerning the instant construction work, to the Plaintiff. The said written confirmation indicates that the price for the instant construction work is KRW 250 million, excluding value-added tax.

On April 25, 2014, the Plaintiff submitted a completed drawing for the instant construction work to the Defendant.

(3) The defendant