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Reasons
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(영문) 광주지방법원 2016.10.07 2014가합6482
공사대금
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1. The Defendant’s KRW 59,897,70 for the Plaintiff and the Plaintiff’s annual rate from May 3, 2016 to October 7, 2016.

Reasons

1. Basic facts

A. On April 30, 2012, the Plaintiff accepted a subcontract for the construction of machinery and equipment (hereinafter referred to as “instant construction”) among the new construction works of the Seo-gu Main Complex Building (C building, “instant building”) from the Defendant, Seo-gu, Gwangju (hereinafter referred to as “instant building”) ordered by the Defendant on April 30, 2012 (hereinafter referred to as “instant contract”), and the main contents of the instant contract are as follows.

4. Period of construction commencement - May 1, 2012 - Construction completion: July 15, 2012.

6. Contract amount: 130,000,000 won (price 118,181,818,818, value-added tax 11,818,182);

7. Payment of the price - After the installation of a facility pipeline: 25% - 25% - After the completion of a construction project: 50% (or immediately after the receipt of the owner’s payment): 0.1%;

B. On May 1, 2012, the Plaintiff commenced the instant construction and completed the said construction on December 31, 2012.

C. On August 14, 2012, the Plaintiff received KRW 27,000,000 from the Defendant out of the instant construction price.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. The parties' assertion

A. Since the Plaintiff completed the instant construction, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 103,00,000 and the damages for delay from the day following the completion date of the construction.

B. The sum of the expenses incurred in supplementing defects, etc. existing in the instant construction project, and the sum of KRW 33,102,300,000 for the delayed completion of the instant construction project, shall be deducted from the unpaid construction cost.

In addition, according to the instant contract, the remainder of the construction cost was paid by the Defendant upon receipt of the remainder of the construction cost from the owner. Since the Defendant failed to receive the remainder of the construction cost from the owner, the due date for the obligation to pay the Plaintiff’s

2. Determination

A. The construction cost unpaid to the Plaintiff upon completion of the construction in this case is KRW 103,00,000 = 130,000,000 - 27.

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