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(영문) 의정부지방법원고양지원 2017.09.06 2016가단24911
공사대금
Text

1. The Defendant’s KRW 18,235,40 for the Plaintiff and KRW 5% per annum from July 15, 2016 to September 6, 2017.

Reasons

1. On October 20, 2015, the Plaintiff (the contractor) entered into a contract with the Defendant (contractor and B) for the construction work with the following content (hereinafter “instant construction work”). On October 23, 2015, the Plaintiff paid KRW 3 million to the Defendant as a contract advance payment.

The name of a construction contract: The method of paying the construction cost of KRW 114,00,00 (additional tax): The first: A contract, the amount of the construction cost of KRW 40% 45,600,000: The second payment of the intermediate payment of KRW 40% (45,600,000: January 10, 2015) (45,600: January 10, 2015): The remainder of KRW 20% (22,80,000) (22,80,000) on January 20, 2016.

【Ground for Recognition: Each entry of Evidence A 1 to 3】

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant concluded the instant construction contract and neglected construction works, but failed to complete the instant construction works.

The plaintiff selected another company and completed the work.

The defendant is obligated to pay to the plaintiff an advance payment contract amount of 3 million won and an additional cost of 48 million won, which is the sum of 48 million won and delay damages incurred in order to meet the completion date of the instant construction.

B. The Defendant asserted that the Defendant worked between October 22, 2015 and October 28, 2015, and the Plaintiff unilaterally notified the termination of the contract on October 28, 2010.

15,745,50 won as material cost of the instant construction, labor cost of KRW 7,995,50 as labor cost of KRW 1,005,040 as labor cost of KRW 15,745,50 as labor cost, and other expenses. The Defendant’s money to be paid to the Plaintiff is KRW 5,254,460.

3. Comprehensively taking account of the overall purport of the arguments revealed earlier, the Defendant’s work from October 22, 2015 to August 28, 2015, notified the Plaintiff of the rescission of the instant contract, and the Defendant did not continue the instant construction, and thus, the instant contract was rescinded at the time.

Furthermore, the parties to this case's contract is based on whom the plaintiff or the defendant did not perform his/her duty.

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