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(영문) 대구지방법원 2019.12.13 2018가합208325

공사대금

Text

1. The defendant shall pay to the plaintiff KRW 72,677,932 and KRW 222,677,932 from August 24, 2018 to the day of full payment.

Reasons

1. Basic facts

A. On December 28, 2016, the Plaintiff entered into a contract for the instant construction work with the Defendant on a contract for the said construction work (hereinafter “instant construction contract”) with the Defendant, under which the Defendant would pay the interest calculated by applying the rate of interest rate for delayed payment of the construction price to the 11-month from the commencement date of the construction work, the contract amount of 8,250,000,000 won (including value-added tax), the delayed payment of the construction price, and the interest calculated by applying the rate of interest rate for delayed payment of the construction price (hereinafter “instant construction contract”).

Since then, the Plaintiff and the Defendant maintained the construction cost through a modified contract on March 30, 2017, and confirmed the date of commencement of the instant construction work on April 7, 2017 and the scheduled date of completion of the instant construction work on March 6, 2018.

B. On April 6, 2017, the Plaintiff entered into a monetary loan agreement and the first modified contract 1) with the Defendant, and the Plaintiff set KRW 50,000,000 to the Defendant within 60 days after the completion of the instant construction work, and the interest rate of KRW 3.5% per annum, and the delay damages rate of KRW 7% per annum (hereinafter “the instant monetary loan agreement”).

2) The loan of this case is 50,000,000 won (hereinafter “the loan of this case”)

(2) On April 7, 2017, the Plaintiff entered into a contract for the alteration of the construction contract (including value-added tax) with the Defendant to increase the construction cost of the instant construction project to KRW 220,00,000 (including value-added tax) and to the amount of KRW 8,470,00,000 (including value-added tax) (hereinafter “the first alteration contract”).

C. While the Plaintiff entered into the instant construction project, the Plaintiff entered into a second and third modified contract with the Defendant and changed the construction cost to KRW 8,943,00,000 (including value-added tax) and the completion date of the construction to May 7, 2018.

1) The Plaintiff’s sewage supplier E (hereinafter “E”) is the Plaintiff’s sewage supplier.

Labor costs are paid by side workers.