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(영문) 부산지방법원 2017.12.06 2016가합50224
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 454,831,400 and the interest rate of KRW 15% per annum from November 12, 2016 to the date of full payment.

Reasons

Basic Facts

On June 5, 2013, the Plaintiff (a medical corporation prior to the change: the Life Medical Foundation) entered into a construction agreement to extend the construction period from June 15, 2013 to November 14, 2013 (hereinafter “instant building”) and entered into a construction agreement to extend the “C convalescent hospital” (hereinafter “C convalescent hospital”), which is a building owned by the Defendant, in Busan Northern-gu, Busan-gu (hereinafter “instant building”); and the construction cost was determined as KRW 2,541,00,000 (supply price of KRW 2,310,00,000,000, value-added tax of KRW 231,000,000, value-added tax of KRW 231,000,000). The construction

From August 1, 2013, the Plaintiff commenced the construction project to extend or rebuild the building (hereinafter “instant construction”). The safety issues were pointed out as a result of the safety inspection on the old building during the construction process, and the construction was suspended for a certain period of time.

On January 3, 2014, the Plaintiff and the Defendant entered into a contract for increased or decreased adjustment of the construction cost relating to the instant construction project from June 5, 2013 to January 6, 2014, by changing the construction cost from June 5, 2013 to January 6, 2014.

The instant building was completed around January 6, 2014.

The Plaintiff, from September 17, 2013 to December 18, 2013, was paid KRW 1,230,000,000, which is part of the construction cost, from the Defendant. On June 28, 2014 between the Defendant and the Defendant, the settlement was made that “the Defendant shall pay the Plaintiff KRW 506,681,40,00, which deducts the amount of the construction cost from KRW 1,473,318,60,00.”

(hereinafter referred to as “the instant primary settlement.” The Defendant did not pay the money for the instant primary settlement, and the Plaintiff filed a lawsuit against the Defendant seeking payment of the said money on August 21, 2014, and on September 25, 2014, the Defendant filed a counterclaim against the Plaintiff seeking compensation for damages in lieu of defect repair.

[Supplementary District Court 2014Gahap48531, 2014Gahap13078 (Counterclaim)] The plaintiff and the defendant shall take the lawsuit March 10, 2015.

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