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(영문) 서울중앙지방법원 2018.08.31 2018가합518894

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion

A. On October 3, 2013, the Plaintiff concluded a construction contract with the Defendant and the Gyeonggi-do Yang-gun C to construct six units of multi-family housing with a construction cost of KRW 556,00,000 (Additional Tax Table), KRW 80,000,000 (Additional Tax Table), and the construction period of construction from October 10, 2013 to January 10, 2014.

(hereinafter referred to as the “instant construction project” and the said construction contract is referred to as the “instant construction contract”). B.

The plaintiff discontinued the construction of this case under the status of 90%, and the defendant did not pay to the plaintiff the remainder of 384,09,000 won out of the construction price (=(total construction price of KRW 660,110,000 x fair rate of KRW 90%) - 210,000,000).

C. Therefore, the Defendant is obligated to pay to the Plaintiff 384,09,000 won for the payment of the construction price payable to the Plaintiff, as well as 6% interest per annum from January 27, 2015 to the delivery date of the original copy of the instant payment order, and 15% interest per annum from the next day to the date of full payment.

2. According to the standard contract document (Evidence 1) submitted by the Plaintiff, the fact that the Defendant entered into a contract for construction on October 3, 2013 with the Seolim Comprehensive Construction Co., Ltd. and the building of six households on the ground of Gyeonggi-do Yangyang-gun C, Gyeonggi-do. However, the fact that the Plaintiff entered into the instant contract for construction with the Defendant under the name of Seolim Comprehensive Construction Co., Ltd., ② the fact that the Plaintiff suspended at a rate of 90% while performing the instant construction; ③ the fact that the Plaintiff was paid KRW 210,000,000 out of the construction price, and there is no other evidence to acknowledge the said fact.

3. The plaintiff's claim for conclusion is dismissed as it is without merit. It is so decided as per Disposition.