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(영문) 전주지방법원 2016.10.11 2015가단30970
공사대금
Text

1. The Defendant’s KRW 5,860,251 as well as the Plaintiff’s KRW 5% per annum from March 1, 2015 to October 11, 2016.

Reasons

1. Basic facts

A. On September 16, 2014, the Plaintiff and the Defendant indicated the contract amount of KRW 430,100,000 as to the new construction of the instant building (hereinafter “instant construction”) located in Jung-Eup-si (hereinafter “instant construction”) with the Defendant on September 16, 2014, based on the evidence No. 1, the Plaintiff is aware that the contract amount was 430,100,000,000, but there is no dispute between the parties as to the cause of the contract amount of KRW 430,00,000. Therefore, the Plaintiff’s assertion

the contract was entered into.

B. The Plaintiff commenced the instant construction. The Defendant, as the owner of the instant building, obtained business approval on February 20, 2015, completed the registration of ownership preservation on the instant building on March 5, 2015.

C. The Defendant paid KRW 400,000,000 to the Plaintiff as the construction cost.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the construction price was not paid partially by the Defendant, even though the Plaintiff completed the instant building in accordance with the instant contract.

In addition, while carrying out the instant construction, the Plaintiff received the total of KRW 18,467,560, and the total of KRW 18,467,560, and the total of KRW 18,467, and 560, which are the costs to be borne by the Defendant, the owner of the instant construction, as well as KRW 563,640, and KRW 1,996,423,320, and KRW 560, and KRW 1,996,50, which are the cost of industrial accident employment insurance, and KRW 2,420,00, KRW 3,719,00, and KRW 3,719,00, and KRW 1,350,00, and KRW 1,59,00, which are the costs of the instant construction.

Therefore, the Defendant is obliged to pay to the Plaintiff delay damages from March 1, 2015, where the Plaintiff completed the construction and the Plaintiff’s right to claim the construction payment was incurred (i.e., KRW 430,000,000 - KRW 400,000,000), and KRW 18,467,560,00 (i.e., KRW 30,000,000, KRW 18,467,560).

B. As to the claim for the payment of the construction cost unpaid.

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