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(영문) 광주지방법원목포지원 2014.08.20 2012가단16054

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 26,150,000 to the Plaintiff (Counterclaim Defendant) and the amount from December 21, 2010 to December 4, 2012.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On November 5, 2010, the Plaintiff entered into a contract with the Defendant on the following terms (hereinafter “instant contract”) with respect to the “Civil Works and Building Extension Works for the Experience Facilities for Traditional Funeral Industry” on the ground of the 882th Eastdong-gu Seoul Special Metropolitan City (specifically, it refers to the construction of one-story Class II neighborhood living facilities with a building area of 96 square meters, steel frame, and sand position plate structure; hereinafter “instant construction”).

Construction period: Construction cost on October 20, 2010 to December 10, 2010: Defect warranty period of KRW 92,000,000 (excluding value-added tax): Payment in full within 50% of the contract amount after completion of the 1st, 2nd, and 10 days after completion;

B. The Plaintiff completed the instant construction on December 10, 2010.

C. On August 16, 201, the Defendant issued a written confirmation to the effect that, even after the completion of the instant construction project, the Plaintiff did not pay part of the construction cost to the Plaintiff, and on August 16, 201, the amount of the said construction cost plus KRW 22,00,000,000, plus KRW 4,150,000,000, is remaining.

【In the absence of a dispute over a part of the grounds for recognition, entry of Gap evidence 1 through 4 (including each number for each case) and the purport of the whole pleadings

2. On August 16, 201, the Defendant: (a) affixed a seal to the confirmation document stating that the construction cost of the instant case remains in total in KRW 26,150,000 to the Plaintiff on August 16, 2011; and (b) delivered the confirmation document that the Defendant should affix the seal to the said confirmation document; and (c) did not dispute the fact that the Defendant did not pay the said KRW 26,150,000 to the Plaintiff as the construction cost

Therefore, from December 10, 2010 to December 21, 2010, the Defendant paid the Plaintiff damages for delay immediately after the following day after the completion date of the instant construction work.