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(영문) 서울중앙지방법원 2017.11.29 2016가합526778

공사대금

Text

1. As to the Plaintiff’s KRW 78,329,883 and KRW 35,00,00 among them, the Defendant shall start on July 6, 2017, and the remainder of KRW 43,329.

Reasons

1. Basic facts

A. The Plaintiff is a stock company established for the purpose of construction business, etc., and the Defendant is a person who jointly owns real estate specified in B, C, and the attached Table (hereinafter “instant building”) and operates a hotel in the said building.

B. Around September 13, 2012, the Defendant concluded a remodeling contract on the instant building by setting the construction cost as KRW 1,400,000 (excluding value-added tax) with the Quasia Co., Ltd. and the K Co., Ltd. (hereinafter “instant existing company”), but the said construction contract was rescinded upon occurrence of dispute with the existing company during the construction process.

C. On July 15, 2015, the Defendant concluded a contract for construction works with the Plaintiff on a specific period of time from July 15, 2015 to October 15, 2015 (hereinafter “instant construction contract”) for the purpose of remodelling construction works on the parts for which the instant existing company had not completed (hereinafter “instant construction works”), with the payment of construction cost of KRW 770,00,000 (including value-added tax), compensation rate for delay, and construction period of 1/100, and the construction period of the instant construction contract from July 15, 2015 to October 15, 2015 (hereinafter “instant construction contract”). As the special terms of the instant construction contract, the Defendant resolved that the Plaintiff does not cause any trouble to construction works, and (2) concluded an agreement that KRW 35 million out of value-added tax 70,000,000 to pay the construction cost separately to the Plaintiff regardless of the existing construction cost when the Defendant received a refund from the National Tax Service.

The existing company of this case entered into a subcontract with the KTS, D, E, F, and domestic public corporation (hereinafter “the subcontractor of this case”) with respect to some types of construction work of this case, but the existing company of this case terminated the contract of this case by agreement with the defendant, and the plaintiff entered into the contract of this case.