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(영문) 대구지방법원 포항지원 2018.05.17 2017가합242
선급금
Text

1. The Defendant shall pay to the Plaintiff KRW 269,727,00 and the interest rate of KRW 15% per annum from July 15, 2017 to the day of full payment.

Reasons

1. Basic facts

A. On July 19, 2016, the Plaintiff concluded a construction contract with the Defendant on July 21, 2016, with respect to the interior works on the third floor, fourth floor, etc. of the D building (hereinafter “instant building”) that was being newly constructed on the ground (hereinafter “instant construction works”), between the Defendant and the subcontractor, the contractor, and the construction period from July 22, 2016 to October 20, 2016 (including value-added tax), with respect to the construction works on the third floor, fourth floor, etc. of the instant building (hereinafter “instant construction works”), the Plaintiff shall be determined as KRW 1,650,000 (including value-added tax) of the construction amount, and KRW 300,000 in advance until July 21, 2016, the first intermediate payment of KRW 450,000,000 shall be paid until August 31, 2016, each of the remainder shall be paid in accordance with the construction contract each month (hereinafter “instant construction contract”).

B. Article 6(1) of the instant construction contract provides that “Any delay compensation equivalent to 1/100 of the contract amount shall be paid to the Plaintiff for the number of days per delay, if the Defendant fails to complete the construction work within the prescribed period,” and Article 6(3) of the instant construction contract provides that “if it is evident that it is impossible to proceed with the construction work due to the Plaintiff’s cause, the Defendant shall notify the Plaintiff of such fact and consult

C. On July 25, 2016, the Plaintiff paid KRW 300,000 as advance payment to the Defendant pursuant to the instant construction contract (hereinafter “instant advance payment”). D.

On September 2016, the Defendant suspended the instant construction work with only a partial steering inside the third floor of the police officer. On November 2, 2016, the Defendant sent to the Plaintiff a certificate of content that the Plaintiff could not undertake the instant construction work up to October 20, 2016, which was the expiration date of the construction period due to the delay in the construction of the instant building. The instant construction contract was terminated by the expiration date of the construction period, and the said certificate of content reached the Plaintiff around that time.

E. On May 1, 2017, the Plaintiff should resume the instant construction work to the Defendant by May 8, 2017.

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