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(영문) 창원지방법원 2019.09.19 2019가단113126

공사대금

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1. The Defendant’s KRW 166,834,00 for the Plaintiff and KRW 5% per annum from March 19, 2019 to May 31, 2019.

Reasons

1. Facts of recognition;

A. On December 1, 2017, the Plaintiff concluded a construction contract with the Defendant as follows.

(hereinafter referred to as the “construction contract in this case”). Construction site: Seopopo City and one parcel and one lot and one lot: D construction period from December 1, 2017 to April 30, 2018: 737,000,000 won (value of supply 67,00,000, value-added tax 67,000,000,000 won)

B. The Defendant received KRW 473,476,00 from the Plaintiff as the construction cost.

C. Around July 3, 2018, the Plaintiff agreed to change the construction cost to KRW 640,310,000 (including value-added tax) with the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence No. 1, the purport of the whole pleadings

2. Determination

A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 166,834,00 (=640,310,000 - 473,476,000) and the amount calculated by 12% per annum from March 19, 2019 to May 31, 2019, promulgated on May 21, 2019 and enforced on June 1, 2019 pursuant to the provisions before and after the amendment of Article 3(1) of the above Act.

B. Defendant’s assertion 1) The Defendant asserts that the due date has not yet arrived since it received the payment for the construction cost from the original office. However, it is difficult to view that the Plaintiff’s claim for the construction cost of this case was a claim for the construction cost as a result of the completion of the construction, and the payment provision for the completed portion, which is the payment provision before the completion of the construction, is applicable. The Defendant’s argument is without merit. The Defendant asserts that the Plaintiff

However, according to Gap evidence No. 8, the plaintiff is a D Association around August 29, 2018.