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(영문) 대전지방법원천안지원 2014.11.14 2013가합5285

공사대금

Text

1. Defendant A: (a) KRW 2,576,322 to the Plaintiff and KRW 5% per annum from December 21, 2013 to November 14, 2014; and (b)

Reasons

1. Facts of recognition;

A. Defendant A is the owner and the client of the construction of a new house on the ground of Hongsung-gun (hereinafter “instant construction”) and Defendant B is a corporation in which Defendant A is an auditor.

B. On September 14, 2012, Defendant A entered into a construction contract with ADD Co., Ltd. with the content that the instant construction work is set at KRW 390,000,000 of the construction cost (Additional Tax Map) and the construction period from September 18, 2012 to January 15, 2013; and Defendant A paid an amount calculated by multiplying the contract amount by the rate of liquidated damages (1/1,000) for each number of days of delay when the construction work is not completed within the construction completion period stipulated in the contract, but the delay due to ED will not be applicable.

(Article 9). (c)

On December 21, 2012, Defendant A and AS, and the Plaintiff agreed to change the time of the instant construction project from AS to the Plaintiff.

Since then, the construction of this case was suspended due to the winter season and other reasons, and the plaintiff and the defendant A drafted a new construction agreement on April 30, 2013 upon the order of the additional construction works other than the construction of this case. According to the above agreement, the plaintiff will resume the construction of this case within 10 days after the date of completion of the above agreement, and the construction regulations correspond to the original contract, and the details of the additional construction works and the construction amount may be adjusted and consulted between the plaintiff and the plaintiff and the field manager and the plaintiff, and the amount determined according to the above adjustment and consultation was decided as the construction claim amount. According to the schedule of the scheduled construction works attached to the above agreement, the plaintiff agreed to complete the construction of this case by July 25, 2013.

E. However, the Plaintiff did not complete the instant construction by July 25, 2013 and suspended the instant construction. Defendant A suspended the instant construction on February 3, 2014.