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(영문) 대구지방법원포항지원 2016.11.03 2015가합41485

공사대금

Text

1. The Defendants jointly and severally agreed to the Plaintiff KRW 253,682,00 and 6% per annum from November 11, 2015 to November 3, 2016.

Reasons

1. Facts of recognition;

A. On August 29, 2014, Korea Co., Ltd. (hereinafter “Defendant Co., Ltd.”) entered into the instant contract.

between the Corporation and the Corporation (hereinafter referred to as “instant Corporation”)

(1) the contract agreement to contract the Defendant Company (hereinafter referred to as “original contract”).

Upon entering into a contract, the contract amount was KRW 1,00,000 (excluding value-added tax); the period of construction was from August 29, 2014 to April 1, 2015; the rate of liquidated damages was set at KRW 3/100 per day delayed (Provided, That the maximum shall be 10% of the contract amount); the Defendant Company entered into a contract with the Plaintiff to subcontract the instant construction work (hereinafter “instant contract”); the contract amount was set at KRW 700,000 (excluding value-added tax); the payment terms for liquidated payments were set at KRW 210,00,000 (excluding value-added tax); the remainder of KRW 190,000 (value-added tax); the contract amount was set at KRW 300,000 per day delayed; and the contract amount was set at KRW 300,000,000 per day late 20,000 and KRW 301,51,000 per day after completion of the contract.

B. (1) On October 30, 2015, the Plaintiff completed the instant construction project. (2) On September 2, 2014, the Plaintiff paid the Defendant Company the construction cost of KRW 1,100,000 as construction cost, KRW 40,000,00 on May 29, 2015, and KRW 110,000,000 on August 6, 2015, and KRW 20,000,000 on November 10, 2015, respectively.

3) On June 1, 2015, Defendant Company paid the Plaintiff KRW 440,00,000 as the construction cost. 4) As a result of the breakdown of a motor vehicle, a part relating to the instant construction project, the Defendant Company paid KRW 37,818,000 at its repair cost before the remainder of the repair company, which is the repair company.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3 through 7, 11, and Eul