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(영문) 서울중앙지방법원 2016.08.24 2013가합74597

공사대금

Text

1. The Defendant’s KRW 393,010,085 as well as 6% per annum from March 6, 2013 to August 24, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On July 2011, the Defendant conducted a tendering procedure to select a contractor for a new hotel on the ground (hereinafter “instant hotel”) of the Jung-gu, Seoul Special Metropolitan City North Changdong 93-43(81) (201), 93-37, 93-57(84) (hereinafter “instant hotel”).

B. On August 16, 201, the Plaintiff participated in the bid procedure and won the instant construction. On August 16, 201, the Plaintiff concluded a contract with the Defendant on a total of KRW 6,00,000,000 (excluding value-added tax) with respect to the instant construction works, and the construction period from August 22, 2011 to September 30, 2012, setting the rate of liquidated damages and the rate of delayed payment at 1/1,000 (hereinafter “instant contract”), and agreed to bear value-added tax by the Defendant.

C. On September 30, 2012, the Plaintiff and the Defendant entered into a modified contract with the content that the instant construction period should be extended from September 30, 2012 to December 31, 2012; and on December 31, 2012, the instant construction period should be extended from December 31, 2012 to February 28, 2013.

On March 6, 2013, the Plaintiff filed an application for the approval for use of the hotel of this case to obtain approval for use on March 19, 2013.

E. The Plaintiff was not paid KRW 218,727,273 of the construction price under the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, Eul evidence Nos. 1, 2, and 35 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Plaintiff’s claim for the unpaid construction cost and additional construction cost;

A. The Plaintiff’s assertion is obligated to pay the Plaintiff the unpaid construction cost of KRW 240,60,00,00, and the additional construction cost of KRW 660,918,866, and the total amount of KRW 901,518,866, including value-added tax.

B. 1) The fact that KRW 218,727,273 of the construction cost under the instant contract is unpaid is as seen earlier, and the appraiser A’s appraisal result is as follows: (a) the appraiser A’s appraisal result; and (b) the appraiser A’s appraisal result; and (c) the appraiser’s appraisal result.