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(영문) 부산지방법원 2019.05.22 2017가합50153

공사대금

Text

1. The defendant shall be the plaintiff.

A. The warranty bond of KRW 12,276,00 from the Plaintiff is paid or the above amount is paid.

Reasons

1. Facts of recognition;

A. On July 1, 2016, the Plaintiff entered into a contract with the Defendant for a new construction of food materials storage (hereinafter “instant warehouse”) on the land outside C and four parcels in Yangsan-si, Yangsan-si (hereinafter “instant contract”). The main contents are as follows.

1. The name of the construction work: YangsanD Corporation;

2. Construction site: Land outside C, and four parcels in Yangsan-si, Gyeongnam-do; and

3. 1) Commencement of a construction period: Completion of August 2, 2016: 4: Contract amount on November 30, 2016: KRW 487,300,000 (including value-added tax) - Value-added tax: KRW 443,00,000; Value-added tax; KRW 44,300,000.

5. Contract bond: 48,730,000 won; and

6. Advance payments: 33,000,000 won.

7. A completed amount: 7,00,000 won (the end of August), any balance of 377,300,000 won (within 15 days after completion of the construction).

9. The ratio of warranty bond for each type of work, the ratio of warranty bond for each type of work, and the ratio of warranty bond for defect liability for each unit of work, 487,30,000 won for construction works for defect liability for defect liability, 14,619,00 won for delay; 1/100;

B. On September 23, 2016, the Plaintiff entered into a modified contract (hereinafter “instant modified contract”) with the Defendant to extend the completion period from November 30, 2016 to January 20, 2017 due to the modification of the design of the instant warehouse, among the terms and conditions of the instant contract, from November 30, 2016 to January 20, and to reduce the contract amount from KRW 409,200 to KRW 400,00 (hereinafter “instant modified contract”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 2, purport of the whole pleadings

2. The facts that the Plaintiff and the Defendant entered into a modified contract with the instant contract are as seen earlier. The Plaintiff completed the construction works under the instant contract on January 19, 2017, and the Defendant paid the Plaintiff KRW 33,000,000 as advance payment and KRW 77,00,000 as advance payment, do not conflict between the parties.

Therefore, the Defendant, barring special circumstances, shall pay to the Plaintiff the remaining construction cost of KRW 299,200,000 (i.e., contract amount of KRW 409,200,000 - advance payment of KRW 33,000,000 - completed amount of KRW 77,00,000,000, and hereinafter “the remaining amount”).