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(영문) 대전지방법원 2016.01.29 2014나1407
공사대금
Text

1. The judgment of the first instance court, including the participation of the independent party in the trial room, shall be modified as follows:

In this case.

Reasons

Basic Facts

On April 20, 2010, with respect to the studio construction work between the Defendant and Seosan-si and D ground (hereinafter “instant site”), the Plaintiff’s construction period from April 26, 2010 to the same year.

7. 30. 30. The total work price is KRW 360,000,00 (the contract price shall be KRW 3,000,000 on the date of the contract) and the advance shall be paid 10% after the completion of civil engineering and construction work after the construction work, and the first intermediate payment shall be paid 25% after the completion of the foundation work, the second intermediate payment shall be paid within, and 25% after the completion of the foundation work, and the remainder shall be paid 40% after the completion of the foundation work, and the remainder shall be paid 40% after the completion of the foundation work) and the interest rate for delay shall be 0.1% (hereinafter referred to as the “instant construction contract”).

The beneficiary under the construction contract of this case was originally entered in G, and the above entry was deleted, and the Plaintiff’s corporate seal was affixed after the Plaintiff entered as the beneficiary, and the special terms stated in the construction contract of this case are as follows.

1. Execution of various expenses incurred in authorization and permission, civil engineering and construction design works;

2. Civil engineering and construction works of KRW 2,400,000;

3. New installation of a benda or new 1st floor office attached thereto (EA);

4. Liability for all the works for which civil petitions are responsible (in the case of industrial property and industrial property, participation in the construction works);

5.After civil and architectural design, - Differents shall be discussed among them.

6. Operations without cost of surtax;

No additional cost is excluded from the scope of the foregoing special agreement. The Plaintiff suspended construction without completion of construction work after only a part of the instant construction work. On August 3, 2010, the Defendant sent the content-certified mail notifying the Plaintiff of the cancellation of the instant construction contract.

The Defendant filed a lawsuit against the Plaintiff claiming payment of KRW 34,560,000 for delay on the ground of the Plaintiff’s delay in construction of the instant construction, with Seosan Branch of Daejeon District Court 2010dan13413. From Daejeon District Court 201Na18251, which is the appellate court, the conciliation was concluded that the Plaintiff pays KRW 14,00,000 to the Defendant.

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