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(영문) 대구지방법원 2016.04.28 2015나10453
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The following facts for the determination of the cause of the claim may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1, 2, 4 through 6, Eul evidence Nos. 3 and 4 (including the serial number; hereinafter the same shall apply):

On June 15, 2011, the Plaintiff concluded a contract with the Defendant (hereinafter “New Tech”) for construction work of installation and operation of 2500 tons, which was 250 tons of the construction cost (excluding value-added tax) and its construction period until August 31, 201, and completed the construction work.

B. The Plaintiff received total payment of KRW 60,50,000,000,000 from the Defendant, including value-added tax, as well as KRW 20,000 on June 21, 2011, and KRW 22,55 million on May 22, 2012.

C. On April 26, 2012, the Plaintiff entered into a contract with the Defendant for additional construction works, such as modification of the block, electrical construction, etc., with respect to the said construction works, by the period fixed on June 15, 2012 (excluding value-added tax) and on June 15, 2012, and completed the said construction works.

The Plaintiff received only KRW 70 million, including value-added tax, from the Defendant on May 4, 2012, KRW 20 million, KRW 30 million on July 30, 2012, and KRW 20 million on September 28, 2012, and received only KRW 99 million out of the construction cost, including value-added tax.

According to the above facts of recognition, the defendant is obligated to pay to the plaintiff 29 million won not paid out of the additional construction costs of 2500 tons of the Jeju Shipbuilding (i.e., KRW 99 million - KRW 70 million) and damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 9, 2013 to the date of full payment, which is the day following the delivery of a copy of the complaint.

2. Judgment on the defendant's assertion

A. On March 30, 2010, the Defendant asserted on March 30, 201, prior to the foregoing construction, contracted the construction work for installation and operation of a brewing season of 2250 tons to the Plaintiff by the deadline for the construction work cost of KRW 220 million and March 15, 201, and the additional construction work was contracted during the construction period.

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