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(영문) 의정부지방법원고양지원 2019.09.19 2017가단77547

공사대금

Text

1. The Defendant’s KRW 22,110,147 as well as the Plaintiff’s annual rate from February 12, 2017 to September 19, 2019, and the following.

Reasons

1. Basic facts

A. On August 17, 2016, the Plaintiff, the owner of a building, paid the construction price of D-ground Housing Construction Corporation (hereinafter “instant construction”) at KRW 300 million, but the contract deposit at KRW 15 million shall be paid at the time of the contract, the intermediate payment at KRW 5 million, and the remainder within 10 days after the completion of the building; the warranty liability shall be replaced by the surety insurance policy; the warranty liability rate for delay shall be 0.1% of the contract amount; (1) the construction of the design to be provided by the owner of the building; (2) the household construction work shall be executed within the scope of KRW 3 million; (3) the increased amount shall be borne by the owner of the building; (4) the settlement after the completion of the additional construction work outside the contract; and (6) the payment of the remainder within 10 days after the completion of the construction; and (3) the payment of the construction cost to the Defendant shall be made from the bank as collateral to the Defendant.

(hereinafter “instant contract”). (b)

On October 2016, the Plaintiff discontinued the instant construction project, and around November 7, 2016, the Plaintiff completed the instant construction project at the construction site of this case.

Since then, the defendant started the construction of this case at his own expense and obtained approval for use on February 1, 2017.

C. On August 19, 2016, the Defendant paid to the Plaintiff KRW 15 million as down payment, KRW 1.5 million as of October 14, 2016, KRW 1.5 million as of October 25, 2016, and KRW 3.5 million as of October 25, 2016. On November 8, 2016, the Defendant paid KRW 3 million to E, a subcontractor, KRW 3 million as of November 8, 2016, and KRW 2.5 million as to the F Company, and paid KRW 2.5 million in total to the household purchase cost to be borne by the Defendant.

With respect to the instant construction project, the Plaintiff failed to perform each item of the following construction works as stated in attached Table 1, and the amount is KRW 19,677,309.

[Reasons for Recognition] The facts without dispute, and each entry number of Gap evidence 1 to 8.