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(영문) 창원지방법원 2013.10.31 2011가합7338

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 129,845,297 to the Plaintiff (Counterclaim Defendant) and its related amount from February 26, 201 to October 31, 2013.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the construction business, etc., and the Defendant is a person who runs the furniture business with the trade name “B”.

B. 1) The Defendant was seeking to build a new household factory on the land, other than C, and 1 parcel in Yangyang-si. On January 26, 2010, the Plaintiff prepared a statement to the Defendant, which calculated the price for the new construction of a factory by KRW 809,50,000 (excluding value-added tax), and submitted it to the Defendant (hereinafter the above statement) (hereinafter referred to as “instant statement”).

2) On January 27, 2010, the Plaintiff and the Defendant entered into a contract on the construction of the Defendant’s household factory on the said site, and its main contents are as follows:

(hereinafter the above factory is referred to as "the factory of this case" and the above contract is referred to as "the construction contract of this case") 2. The date of commencement: February 5, 2010.

3. Scheduled date of completion: May 5, 2010.

5. Contract amount: 847,00,000 won (including value-added tax); 11. The rate of liquidated damages for delay: 1% general conditions;

3. The date of completion means the date “B” (the plaintiff; hereinafter the same shall apply) completes the construction work and “A” (the defendant; hereinafter the same shall apply) requests a completion inspection in writing.

Provided, That this shall be limited to the cases of passing a completion inspection under Article 24.

Article 25 (Payments Payment)

1. “B” may, after passing the completion inspection of “A”, arrange the construction site, such as the removal, removal, etc. of surplus materials, wastes, temporary materials, etc. immediately, and claim the payment of the construction cost to “A”;

Article 39 (Matters of Special Agreement) Other matters not provided for in this Agreement may be prescribed by a separate special agreement between "A" and "B".

7. There shall be no down payment, and the intermediate payment shall be paid by “A” to “B” with a loan of land as collateral to the Small and Medium Business Corporation (hereinafter referred to as “B”), and 50% of the funds paid from the Jinjin shall be paid to “B”.

Additional intermediate payments are 100 million won.