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(영문) 서울중앙지방법원 2015.06.10 2014가합535716
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 23, 2013, the Plaintiff was awarded a contract with the Defendant for the repair works in Russia B, and for the installation works of painting sections and the additional installation works of public stairs rooms (hereinafter “instant construction works”) by the end of the construction period of KRW 500,000,000 and September 30, 2013.

(hereinafter “instant construction contract”). B.

The Defendant concluded the instant construction contract and paid KRW 130,000,000 to the Plaintiff on June 26, 2013, which was three days after the conclusion of the instant construction contract.

C. On October 10, 2013, the Plaintiff suspended the instant construction work and completed the construction at the same construction site.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1, Eul evidence 1, witness C's partial testimony, the purport of whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. The Plaintiff’s assertion and the Plaintiff’s discontinuance of the instant construction work not later than October 10, 2013 as follows pursuant to the instant construction contract: (a) the Defendant asserts that the Plaintiff has the obligation to pay 281,50,000 won to the Plaintiff for the contract price of construction work (B-A) at a rate of actual work progress (B-A) at a rate of 72,000 won (18,720,000 won for painting section of 18,720,800,800,000 won for 46,080,000,000 won for 15,00,000,000 won for 30,000 won for 0,000 won for 10,000,000 won for 30,000 won for 10,000 won for 10,000 won for 00,000 won for 10,00000 won for 0000 won

[Indication] Details of the Initial Construction Claim of the Plaintiff

B. In the determination of the first construction contract, where the contract is rescinded in the middle of the construction project, the construction cost to be paid by the contractor to the contractor on the basis of the agreed construction cost, unless there are special circumstances, shall be calculated by the method of multiplying the period and rate by the total construction cost, and the period and rate shall have already been completed.

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