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(영문) 대전지방법원 2016.06.15 2013가합5248

공사대금

Text

1. The Defendant’s KRW 174,005,184 as well as the Plaintiff’s annual rate of 5% from April 3, 2013 to June 15, 2016.

Reasons

1. Basic facts

A. The Plaintiff is a company with the business objective of civil engineering and construction, housing construction, etc., and the Defendant is a social welfare foundation established for the purpose of establishing and operating welfare projects for the aged and sanatoriums for the aged.

B. The Defendant decided to newly construct welfare facilities for older persons (C Care Center; hereinafter “instant building”) on the ground of 4,990 square meters above 33,000 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and received a construction permit for the instant building from the head of Geumsan-gun on October 26, 201.

C. On December 22, 2011, the Plaintiff received a contract from the Defendant on December 21, 201, with the term of 2,531,50,000 won of the contract amount, and the construction period from December 22, 201 to October 21, 2012.

(hereinafter referred to as the “instant construction” and the said contract are referred to as the “instant contract”).

On December 30, 2011, the defendant filed a commencement report with the head of Geumsan Gun on January 4, 2012 on the scheduled date of commencement of the instant construction works.

E. On January 6, 2012, the Plaintiff requested the Defendant to suspend construction due to concerns over the decline in the quality of construction due to the temperature of the same season with respect to the instant construction work. On January 9, 2012, the Defendant sent a reply that the suspension date of construction will be determined from January 10, 2012 to the separately cancelled date, and that the suspension of construction will be implemented during the same season.

F. The Plaintiff commences the instant construction around August 2012 and up to February 2013, 2013, “the part of the instant construction work, including the temporary installation of the first floor, soil and designated construction, reinforced concrete construction, and waterway construction,” and “the part of the instant construction work.”

(2) The construction of the Corporation.

The plaintiff around February 20, 2013 and the same year

4.1. He requested the Defendant to pay 300,000,000 won for the completed portion as to the completed portion.

G. The defendant did not comply with the plaintiff's request for payment of the advanced payment, and the plaintiff did not resume the construction of this case thereafter.

At the time when the Plaintiff ceased the instant construction, the ratio of the said construction work was 6.8736% as listed below.

The scope of the scope of the scope of the construction cost of the establishment of the headquarters is the scope of the scope of the establishment of the headquarters. The scope of the scope of the establishment of the headquarters is the scope of the headquarters.