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(영문) 서울서부지방법원 2018.08.24 2018가단201910

계약대금 청구

Text

1. The Defendant’s KRW 56,132,380 as well as 6% per annum from July 13, 2017 to February 13, 2018 to the Plaintiff.

Reasons

1. Assertion and determination

A. In full view of the facts that there is no dispute between the parties to the judgment as to the cause of the claim, and the purport of the entire pleadings as to Gap evidence Nos. 1 through 4 (including paper numbers), D, which operated the "C", concluded a new house owner and supply, and construction management contract (construction management contract of this case) with the defendant on June 10, 2016 with regard to Han-style Housing newly constructed on the ground of Seo-gu, Seo-gu, Seo-gu, Seocheon-gu. According to the instant construction management contract, the defendant paid D KRW 193,840,830 as construction cost for the above construction management (30,000,000,000 as the first contract, 50,000,000 won as the intermediate payment, 50,000 won as the intermediate payment, 50,000 won as the end payment and payment of the construction work, 63,840,000 after completion of construction work, 270,700,00.

Therefore, barring special circumstances, the Defendant, as D’s heir, paid the remaining construction cost of KRW 56,132,380 (i.e., the first construction cost of KRW 193,840,830; KRW 7,708,450; KRW 130,000 on the date following the outstanding payment date; and 6% per annum as prescribed by the Commercial Act from July 13, 2017 to February 13, 2018, which was served on the Defendant by the instant complaint.

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