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(영문) 서울중앙지방법원 2017.05.17 2014가합47608
공사대금
Text

1. The Defendant’s KRW 57,089,490 as well as the Plaintiff’s annual rate of 5% from June 11, 2014 to May 17, 2017.

Reasons

1. Basic facts

A. (1) On August 25, 2013, the Plaintiff is a multi-family house and neighborhood living facilities in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant building”) with the Defendant on August 25, 2013.

2) New Construction Works (hereinafter referred to as “New Construction Works”)

(1) The term of completion shall be KRW 1,060,000 (including value-added tax) and the term of completion shall be two months (six months from the date of the contract) February 24, 2014 (hereinafter “instant First Agreement”).

(2) On September 17, 2013, the Plaintiff commenced the instant construction project and obtained approval for the use of the instant building No. 1 on April 10, 2014, and the Defendant completed the registration of ownership preservation as to the instant building No. 1 on May 26, 2014.

3) From August 12, 2013 to May 2014, the Plaintiff received a total of KRW 903,868,000 from the Defendant as the price for the instant first construction project. On June 25, 2014, the Plaintiff demanded the Defendant to pay KRW 172,280,363 as the remainder of the construction cost, but the Defendant refused to pay the remainder on the grounds of the defect in the construction of the instant building 1. (b) On June 12, 2013, the Plaintiff related to the construction of the instant building located in the prime city with the Defendant on the ground of the defect in the construction of the instant building 1.

) New Construction Works (hereinafter referred to as “instant Second Construction Works”)

300,000,000 won shall be determined to be the 300,000 won, and the deadline for completion shall be September 30, 2013; and the penalty for delay shall be the total construction cost multiplied by the rate of 1/1000 per day delayed per day (hereinafter “instant second contract”).

A) The Plaintiff concluded a contract with the Plaintiff. On October 17, 2013, the Plaintiff performed the construction and obtained approval for use of the instant building No. 2. [Grounds for recognition] without dispute, and evidence Nos. 1, 2, 4, and 5 (if any, numbered).

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