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(영문) 서울중앙지방법원 2015.03.11 2014가합20054

공사대금

Text

1. The Defendant’s KRW 680,000,000 as well as the Plaintiff’s annual rate from April 1, 201 to March 11, 2015, and the following.

Reasons

1. Basic facts

A. The Defendant is the executor of the business of newly constructing and selling apartment units on the ground, such as Gansi District A (hereinafter “instant business”), and the Korea Development Corporation (hereinafter “Korea Development Corporation”) is the contractor of the instant business. The Plaintiff is a contractor who has been awarded a contract with the Defendant for the construction of model house (a model house; hereinafter “instant model house”) for the instant business.

B. On December 31, 2010, the Plaintiff entered into a contract with the Defendant for the construction of the instant model house on the ground (hereinafter “instant construction”) on the grounds that the construction period was from January 3, 2011 to February 28, 201; the construction cost was KRW 1.7 billion; and the construction cost was paid as indicated below.

(hereinafter referred to as the “instant contract”). The contract entered into as above is 100,700,000 the remainder within three months after the competitive show 20,000,000,000 after the completion of the 30%-paid contract at the time of the separate payment rate (%) payment (30,700,000,000 of the 30-paid payment at the time of the completion of the 30%-paid payment at the time of the 30%-paid contract at the time of the conclusion of the 30%-paid payment at the time of the 18 February 2011. < Amended by Presidential Decree No. 2340, Feb. 18, 201; Presidential Decree No. 1070, Oct. 1, 700, 000>

C. On January 1, 2011, the Plaintiff commenced the instant project and completed the construction of the appearance and the interior of the instant model house, and subsequently, continued the interior finishing construction. On March 16, 201, the Plaintiff opened a competitive show with respect to the instant model house at which the Defendant, who was an executor on March 16, 201, participated in the instant model house, and opened a competitive show at which the development of Korea, which was the contractor, was present on March 17, 2011.

On April 19, 201, the head of Sung-nam City Branch issued a letter of approval for the use of the instant model house to the Defendant as of December 19, 201, setting the retention period to the end of December 19, 2011.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, 9, 13, 14, 15 (including each branch number, if any; hereinafter the same shall apply), Eul evidence No. 1, and witness.