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(영문) 수원지방법원성남지원 2014.12.11 2013가합10914
공사대금 등
Text

1. The Defendant’s KRW 470,484,00 for the Plaintiff and KRW 5% per annum from December 1, 2013 to December 11, 2014.

Reasons

1. Facts of recognition;

A. On July 24, 2013, the Plaintiff concluded a contract (hereinafter “instant contract”) with respect to the construction of a new building D on the ground of the Defendant and the Incheon Cheongjin-gun, Incheon (hereinafter “instant construction”), setting the construction period from August 1, 2013 to December 30, 2013 as the construction period of KRW 1,260,000 (payment according to the rate of the beginning of each month), and agreed that the Plaintiff may suspend the construction if the payment for completed portion under the said contract is delayed by at least five days.

B. The Plaintiff continued the instant construction work by November 2013, and filed a claim with the Defendant for the payment of the construction cost at a fixed rate on several occasions by November 29, 2013, but the Defendant did not pay the construction cost at all.

C. The construction cost and the construction cost of the portion executed by the Plaintiff among the instant construction works are as follows.

The construction cost of the non-execution of the construction cost of the term / (the non-execution cost of the term / (the construction cost of the term / the non-execution cost) of the construction cost of the term / (the construction cost of the term / the construction cost of the term / the small number of less than 25,767,807 won 52,114,754 won 33.08% of the construction cost of the building 602,429,702 won of the construction cost of the building 1,001,862,727.5% of the total 37.5% of the construction cost of the building 628,197,509 won of the total 1,053,977,481 won of the construction cost of the term / the construction cost of the term / the construction cost of the construction cost of the term / the construction cost of the construction cost of the construction) /

2. Determination on the cause of the claim

A. The plaintiff's assertion asserts that the defendant is obligated to pay to the plaintiff the amount of KRW 472,50,000 based on the ratio of the completed construction to the amount of KRW 1,260,00,000 for the contract of this case and KRW 25,767,80 for the construction site creation cost separately from the contract of this case, and the amount of KRW 498,267,807 for the construction site development cost and the delay damages therefor.

B. According to the above facts of recognition, a site development project was performed under a separate contract from the instant contract, barring any special circumstance, in the instant case.

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