(영문) 부산지방법원동부지원 2015.08.20 2013가합3292

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(영문) 부산지방법원동부지원 2015.08.20 2013가합3292

공사대금

Text

1. The Defendant’s KRW 133,400,000 as well as 6% per annum from August 23, 2013 to August 20, 2015 to the Plaintiff.

Reasons

1. Basic facts

6. 20% of the completed amount of the price: ① 20% of the down payment, ② method of payment by process, ③ method of payment - Cash 100% of the liquidated damages rate: 3/100.

A. On May 6, 2013, the Plaintiff entered into a contract with the Defendant for remodeling works of the C Hospital located in Ulsan-gu B (hereinafter “instant construction works”), with the construction period of KRW 1,100,000 (excluding value-added tax) from May 6, 2013 to July 15, 2013 (hereinafter “instant contract”), and the method of paying the price and the rate of liquidated damages agreed upon by the Defendant are as follows.

B. On the day of the instant contract, the Plaintiff received respectively payment of KRW 100,000,000 for the first down payment, KRW 100,000,000 for the second down payment on May 7, 2013, and KRW 100,000 for the first down payment on June 7, 2013.

C. After entering into the instant contract, the Plaintiff: (a) filed a claim for the second progress payment to the Defendant; and (b) subsequently rejected, the instant construction was suspended on or around June 12, 2013.

On July 15, 2013 and December 24, 2013, the Plaintiff sent to the Defendant a certificate of the content that the Plaintiff sought payment of KRW 338,00,000 for the progress payment, and the Defendant, on July 23, 2013, sent to the Plaintiff a certificate of the content that “The Plaintiff cannot accept the Plaintiff’s claim for the payment of the remainder KRW 700,000 out of KRW 1.1 billion out of the construction cost at the time of the instant contract through bank loans and the remainder of KRW 1.1 billion out of the construction cost at the time of the instant contract.”

E. After the Plaintiff ceased construction, the Defendant concluded a construction contract with D for the portion of the instant construction work, and completed the instant construction work on November 26, 2013, and thereafter, operated the hospital in the instant building.

[Ground of recognition] Facts without dispute, Gap evidence 2, Nos. 4-1, 2, and 5-1, 2, and 5, the purport of the whole pleadings

2. The parties' assertion

A. By the time the Plaintiff’s assertion was discontinued, the portion completed by the Plaintiff is 433,400.

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