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(영문) 수원지방법원안산지원 2019.11.21 2019가합8136

공사대금

Text

1. As to KRW 452,106,345 and KRW 431,296,78 among the Plaintiff, the Defendant shall pay a year from May 17, 2019 to May 23, 2019.

Reasons

Facts of recognition

On June 16, 2016, the Plaintiff (former: C Co., Ltd.) who conducts an engineering work, etc., was awarded a contract by designating the price for a civil engineering work among D New Construction Works in Gyeyang-si as KRW 4,517,700,00, and the deadline for completion of construction, as “payment in cash at the end of May 31, 2017,” and “payment in cash at the end of the following month” from the Defendant who conducts an engineering work, etc.

On the same day, the Plaintiff was awarded a contract for a civil engineering work among the new construction works in Gyeyang-si E (hereinafter “the second construction work”) from the Defendant under the same conditions as the first construction work in terms of KRW 5,602,30,000.

Since then, the plaintiff and the defendant changed the completion period and the substitute amount of the above-mentioned 1/2 construction, and on February 28, 2018, on May 31, 2018, and on February 28, 2018, the completion period was 6,345,90,000, and the second construction cost was 6,174,850,000.

The Plaintiff completed the first construction around August 3, 2019, and the second construction around June 23, 2018.

The defendant confirmed the monthly contents and paid the monthly construction cost to the plaintiff on the last day of the following month, and delayed payment from some of the construction cost of the 23th ingredients finalized on May 31, 2018.

Until now, the amount of the first installment payment unpaid is KRW 226,696,78 in total, the amount of the second installment payment is KRW 204,60,00 in total, and the amount of the second installment payment is KRW 204,60,00 in total, and damages for delay calculated at the rate of 6% per annum from the day following the due date of each payment to May 16, 2019 as of the date of the application for the payment order in this case (=10,70,143 in the first installment related to KRW 10,70,143 in the second installment related to KRW 10,039,414 in total).

The detailed calculation details are as shown in the attached Form.

[Ground of recognition] In light of the fact that there is no dispute, each entry of Gap 1 through 12 (including a branch number) and the purport of the whole pleadings, the defendant, who is the contractor of the first and second construction, is the contractor of the said construction project, to the plaintiff as the contractor of the said construction project, with the total of KRW 452,106,345, = 226,696,788 of the first construction cost, barring any special circumstances.