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(영문) 대전지방법원천안지원 2020.01.08 2017가단101368

공사대금

Text

1. The Defendant shall pay to the Plaintiff KRW 101,354,00 as well as KRW 92,972,00 among them, from December 1, 2015 to the day of full payment.

Reasons

1. Basic facts

A. On April 29, 2015, the Plaintiff was awarded a contract for the construction work of the Defendant’s factory in Suwon-si, Suwon-si, with the construction cost of KRW 792 million (including value-added tax) and the construction period from May 4, 2015 to July 31, 2015.

After that, the Defendant’s new construction plan for the Defendant factory was partially modified and the Defendant’s direct construction of the process of electricity, telecommunications, fire fighting, and equipment. On June 25, 2015, the Plaintiff and the Defendant concluded a contract to maintain the construction period as it is and the construction cost was changed to KRW 430,120 million.

(hereinafter referred to as the “instant contract,” and the construction that the Plaintiff performed in the said modified contract is called the “instant construction”). B.

Under the instant contract, the Plaintiff and the Defendant set the interest rate for delay on the construction price at 24% per annum, and set the interest rate for delay on the construction price as 3% per annum, as to the warranty bond, 1-5 years per each type of construction work (5 years for steel reinforced concrete, steel frame, 5 years for steel frame, 2 years for stone department, 2 years for stone, windows, glass, and 1 year for glass), and determined that the warranty bond shall be paid in cash or by submitting a letter of guarantee until the Plaintiff is paid the construction price.

C. The Defendant paid the Plaintiff the construction cost of KRW 33 million on May 18, 2015, and KRW 317.9 million on June 30, 2015, plus KRW 317.9 million on June 30, 2015.

On July 30, 2015, the Plaintiff and the Defendant agreed to change the construction period under the instant contract by August 3, 2015.

E. The Plaintiff performed the instant construction, and on August 4, 2015, approved the use of the Defendant’s new factory.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5, 6 evidence, Eul 5 evidence (including provisional number), the purport of the whole pleadings

2. The assertion and judgment

(a) Determination on the cause of the claim 1) Specific details of sub-paragraph (a) of sub-paragraph (b) of sub-paragraph (c) of sub-paragraph (i) of the sub-construction project in question (including sub-value added tax) are non-construction incidental civil works (such as base destruction, re-fix, rainwater collection, and sub