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(영문) 청주지방법원충주지원 2013.11.07 2011가합2265

공사대금

Text

1. The Defendant’s KRW 171,56,717 as well as 6% per annum from January 22, 2011 to November 7, 2013 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On February 1, 2010, the Defendant contracted the Plaintiff to construct a new factory on the ground of the 2-1st, Seo-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do. On February 1, 201, the Defendant concluded a contract (hereinafter “instant contract”) with the construction cost of KRW 1,650,000,000 after the completion of the civil engineering works, KRW 300,000 after the completion of the steel frame works, KRW 1,000,000 after the completion of the construction period, and KRW 1,00,000 after the completion of the construction period from February 1, 2010 to June 30, 2010; and KRW 1/1,000 for liquidated damages (hereinafter “instant contract”).

B. From the time of the conclusion of the instant contract, the Plaintiff commenced the said construction work and completed the said civil construction work on April 1, 2010, and the Defendant delivered bills of exchange amounting to KRW 50,000,000 on April 1, 2010, and thereafter, on May 1, 2010, issued KRW 15 billion on August 19, 2010, KRW 150,000 on the face value as advance payment of value-added tax, and paid KRW 150,000,000 on August 19, 2010, KRW 200,000 on the face value of KRW 150,000, KRW 150,000 on the face value of KRW 15 billion on the face value of KRW 15 billion on May 1, 200, KRW 05,000 on the face value of KRW 50,000 on the face value of KRW 15,0005.

C. On May 2010, the Plaintiff started construction of steel framed and completed construction of steel framed around October 2010.

(The plaintiff alleged that he completed the steel frame construction in August 2010. However, considering the statement No. 5 and the purport of the whole pleadings in the witness witness Gap's testimony, it is reasonable to deem that the plaintiff completed the steel frame construction around October 2010.

On August 27, 2010, the Defendant paid to the Plaintiff KRW 400,00,000, KRW 200,000,000 on November 17, 2010, KRW 300,000 on December 3, 2010, KRW 300,000 on December 3, 2010, and KRW 903,000,000 on December 23, 2010 (= KRW 400,000,000 on KRW 200,000,000 on KRW 300,000,000 on December 23, 2010).

E. The Plaintiff added an amount equivalent to KRW 5,500,000 to the extension of Busan Eastdong and the PAD construction, and the said construction work on December 2, 2010.