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(영문) 대구지방법원영덕지원 2020.08.18 2019가단1164
공사대금
Text

1. The Defendant’s KRW 19,581,400 as well as the annual rate of KRW 5% from July 20, 2019 to August 18, 2020, and the following.

Reasons

. Facts of recognition.

A. On March 11, 2019, the Plaintiff was awarded a contract with the Defendant for the new construction of the instant housing C-Ground (hereinafter “instant housing”) on the following terms:

(hereinafter “instant contract”). Construction period: From March 13, 2019 to May 15, 2019: 86,200,000 construction cost: Total construction of oil boiler (Dong Connmark) construction; 600 liter oil pipelines (Ground 500), merchant sewage pipes (ground 500), septic tank equipment and sewage drainage conduits; and Cro intermediate electric pipeline installed in D.

9. Damages for delay: The plaintiff shall pay 400,000 won per day from the scheduled date of construction completion to the defendant.

However, considering that it is delayed due to rain, natural disaster and natural disaster.

B. The Defendant paid to the Plaintiff KRW 37,000,000,000 on March 15, 2019 of the instant contract price, KRW 10,000 on April 3, 2019, KRW 10,000 on April 3, 2019, KRW 10,000 on April 26, 2019, and KRW 7,000,000 on May 7, 2019.

C. On May 7, 2019, the Plaintiff suspended the instant construction. At the time, the Plaintiff’s failure to perform the instant construction works is 69.7%.

1) On May 27, 2019, the Plaintiff sent a written demand for performance to the Defendant as follows. By May 7, 2019, the Plaintiff: (a) deemed that the completion of construction works could be completed at least four to five days after the completion of construction works by at least 90% until May 7, 2019; (b) demanded an additional construction without the content of this construction contract at around 07:40 on May 7, 2019; and (c) had the principal indicating its color unilaterally suspended the construction; and (d) now the construction was suspended. In accordance with the terms and conditions of the contract, the installation of housing, electricity, and agricultural electric facilities requiring a thickness of construction not only three to four construction works but also requires not only the content of the contract.

In particular, ear thickness.

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