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(영문) 대구지방법원 경주지원 2017.04.20 2015가단2099

공사대금

Text

1. The Defendant’s KRW 16,073,50 for the Plaintiff and KRW 5% per annum from May 1, 2015 to April 20, 2017.

Reasons

1. Basic facts

A. On January 20, 2015, the Plaintiff was awarded a contract with the Defendant during the construction period of KRW 250 million (excluding value-added tax) and the construction period from January 21, 2015 to April 30, 2015.

B. The Defendant paid the Plaintiff KRW 50,000,000,000 per contract date, KRW 10 million per contract, KRW 20 million on February 3, 2015, and KRW 20 million on February 16, 2015.

C. On February 2, 2015, the Plaintiff and the Defendant stated KRW 50 million in the first payment amounting to KRW 50 million, and the second payment KRW 50 million before and after the completion of the construction, 10 million out of KRW 150 million in the second payment before and after the completion of the construction shall be subject to a two-year grace period, and 50 million in the military culture and tourism division shall be paid from the military culture and tourism division, and the payment method was partially modified.

The Plaintiff discontinued the instant construction work on April 2015, and until that time, the amount of the completed portion executed by the Plaintiff is KRW 152,885,000 out of the original contract amount of KRW 250,000,000.

[Ground of recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2, appraiser C's appraisal result, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the defendant shall pay the plaintiff KRW 116,073,50 [the amount of value-added tax of KRW 152,885,00,000 for the original cost of the construction work - KRW 2,100 for the defect repair cost of KRW 2,10,000 for the defect repair cost (the plaintiff is the person who is the plaintiff).

1) See Paragraph 1) - The defendant is obligated to pay 50,000,000 won for the term payment, and damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act from May 1, 2015 to April 20, 2017, the date following the delivery date of the original copy of the instant payment order, which is the date of this decision, to dispute over the existence and scope of the defendant's obligation to perform.

3. Judgment on the defendant's assertion

A. Unlike the agreement on January 21, 2015, the Plaintiff’s assertion that the Plaintiff’s unilateral discontinuance of construction works commenced on January 21, 2015, the instant case on February 28, 2015.