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(영문) 서울중앙지방법원 2019.01.23 2017가합37497

공사대금 청구의 소

Text

1. As to the Plaintiff’s KRW 87,931,490 and KRW 2,913,617 among them, the Defendant against the Plaintiff’s KRW 5,41,004.

Reasons

1. Facts of recognition;

A. On March 3, 2016, the Plaintiff: (a) the Jongno-gu Seoul Metropolitan Government Construction Corporation for New Housing (hereinafter “instant construction”) from the Defendant for the construction cost of KRW 440,000,000 (excluding value-added tax) and the construction period from March 10, 2016 to March 10, 2016.

7. up to 20.20. A contract was concluded with the contractor’s delayed payment interest rate of 0.05% of the unpaid balance as of the date of completion of the first day, and the contractor’s delayed payment interest rate of 1/1,000 of the remaining construction costs as of the date of completion of the first day (after the scheduled date of payment of the remainder of construction costs)

4. 27. As to creative construction works, a contract for additional construction works was entered into on KRW 20 million of the construction cost (excluding value-added tax).

(hereinafter referred to as the “instant contract”). B.

By October 14, 2016, the Defendant paid the Plaintiff KRW 356,00,000 in total as the construction cost of the instant building, and obtained approval for use on June 21, 2017.

Article 19 (Completion) 1 (Plaintiff) A (Plaintiff) shall notify Party A (Defendant) at the time of completion of construction (or when completion documents are submitted), and Party A shall conduct an inspection without delay in the presence of Party B after receipt of notice, and shall be deemed to have been accepted ten days after notification.

Provided, That the duty of completion of construction shall be deemed to have been fulfilled if the competent authority has submitted a document for approval of use, has obtained approval for use, has used or occupied a building, or there are grounds to believe that the construction has been completed, such as issuing a defective performance certificate.

Article 20 (2) A shall pay the price for the construction work simultaneously with delivery of the object of the contract, unless otherwise stipulated.

(3) Where the payment of the construction cost is not made by the due date, A shall pay interest for delay in the payment of the remaining construction cost at the same rate as the daily rate of the liquidated damages for delay after the due date.

[Matters of special agreement] - Construction cost of KRW 70,00,000 per single (contract amount) per 200 million, second 70,000,000 per 3rd 60,000,000.