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(영문) 서울중앙지방법원 2017.10.25 2017가합507811

공사대금

Text

1. The Defendant’s KRW 6,163,360,356 for the Plaintiff and the following: 12% per annum from May 8, 2014 to October 25, 2017.

Reasons

1. Basic facts

A. Status 1 of the parties 1) Gender integrated Construction Co., Ltd. (hereinafter “Plaintiff”)

)는 토목건축공사업, 주택건설, 택지조성업 등을 목적으로 설립되었다가, 2014. 12. 24. 회생절차 개시결정(서울중앙지방법원 2014회합100184)을 받은 회사이다. 2) 피고는 주택건설사업 등을 목적으로 설립된 회사이다,

B. 1) On October 19, 2007, the Plaintiff Company entered into a construction contract with the Defendant on October 19, 2007, 1 complex of Modio Modio Modio Modio Madio Madio Madio Madio Mad

) and 2 complexes (hereinafter “instant apartment complex”)

2) According to the contract for a new construction project, the contract for the construction project was concluded upon setting the contract amount of KRW 117,500,000 (excluding value-added tax) (hereinafter “instant contract”).

2) The main contents of the above contract are as follows:

1. The construction cost shall be paid in installments, and the remainder, excluding the estimated amount of senior fund execution under Article 23 (6) of this Agreement, shall be paid as the construction cost at the time of the installment payment by the buyer of the contract at the time of the next installment payment by the time of the installment payment;

2. Notwithstanding paragraph (1), where there is a possibility that the construction price for the Plaintiff Company may not be fully paid by the completion date of construction, the Defendant shall preferentially pay the sales proceeds (all incomes, such as delayed payments, part payments, balance, and additional sales proceeds) deposited to the Plaintiff Company as the construction price, six months prior to the completion date of construction;

Article 34 (Performance Delay and Arrears)

4. If the Defendant fails to pay in full the construction cost within 60 days from the expiration date of the designation period for occupancy under Article 19, the late payment charge applying 12% per annum to the Plaintiff Company shall be paid.

2. The instant contract was modified several times, and on September 20, 2009, the contract amount was KRW 73,327,593,50 of the instant apartment complex.