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(영문) 대전지방법원서산지원 2015.04.30 2013가합6222

공사대금

Text

1. The Defendant’s KRW 258,665,907 as well as the Plaintiff’s annual rate from January 8, 2014 to April 30, 2015.

Reasons

1. Basic facts

A. On August 11, 2012, the Plaintiff, who operates a building company with the trade name “C”, was awarded a contract by setting the construction period for constructing a multi-family house with three-story reinforced concrete structure from August 12, 2012 to December 30, 2012, with the construction cost of KRW 577 million (excluding value-added tax) on the ground of 621 square meters in Seosan-si, Seosan-si.

(hereinafter referred to as “the instant construction contract”). The Plaintiff consulted with the Defendant on the detailed method of payment as follows.

1) 50 million won - 77 million won after the contract is made - KRW 150 million after the contract (after the commencement of the contract) intermediate payment of KRW 100 million - KRW 180 million during the construction (after the completion of the construction work) - KRW 120 million in the remainder of (in the course of the interior finish of the construction work) - KRW 120 million during the construction (within two months after the completion of the construction work)

B. When the construction work was delayed due to the failure to pay the construction cost on the agreed date while the Plaintiff was performing the construction work under the said construction contract, the Plaintiff and the Defendant entered into an additional agreement relating to the instant construction project on June 27, 2013 (hereinafter “Additional Agreement”) as follows, following consultation with the Plaintiff.

As the contract for a construction project concluded on August 11, 2012 with the Defendant and the Plaintiff delayed the term of the contract and the period of the construction, they shall conclude an additional contract and attach it to the original contract as follows:

1. The defendant shall pay KRW 70 million before completion of each process as follows:

1. Details of the roof construction (10 million won): The details of the construction works of the first waterproof and Washington 2) roof waterproof (10 million won): the details of the construction works of the incidental concrete (5 million won): gas, water pipes, concrete pipes, 4) the windows and strawing (10 million won): The construction works of the ceiling and strawing (10 million won): Gas pipes, Dag-ri (10 million won): the sanitary 6) the installation of boiler and boiler and the boiler and the installation of boiler (10 million won) the facility (10 million won);

2. The costs of the Plaintiff’s prior completion of construction other than KRW 70,000,000 [households, Dogs (doors, Fire Door, Fire Door KRW 10,000,000, flooring, lighting, etc.].