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(영문) 수원지방법원 2016.04.01 2014가합10178
공사대금
Text

1. The defendant shall pay to the plaintiff KRW 231,985,644.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On June 1, 2012, the Plaintiff entered into a contract with the Defendant and A (hereinafter “instant contract”) under which the construction of the C warehouse (hereinafter “instant warehouse”) was newly built in Ansan-si B (hereinafter “instant construction”) on June 1, 2012, the date of commencement of the construction work, the contract amount of KRW 7,904,60,000 (including value-added tax) on January 31, 2013, the scheduled date of completion of the construction works, the warranty bond rate of KRW 3/100, the warranty bond rate of KRW 2/100, the warranty bond rate of KRW 1/1,000, and the liquidated damages rate of KRW 1/1,000 (hereinafter “instant contract”).

B. On June 26, 2013, the Plaintiff and the Defendant excluded the foregoing A from the contractor of the instant construction project, and changed the scheduled completion date of the instant construction project to “ July 30, 2013,” respectively, “1/100” from “1/100,” and “10% of the completion amount shall be received from the Gwangju Bank (Mapopo Office) after completion,” respectively, and signed a standard form of contract for change (hereinafter “the instant contract for change”) stating that the Plaintiff and the Defendant added “the scheduled completion date of the instant construction project” to “the July 30, 2013,” and attached the seal of each representative director.

Meanwhile, on June 24, 2013, the letter of payment dated 24, 2013 (hereinafter “instant letter of payment”) agreed to make follow-up settlement at the rate of KRW 1,700,000,000 with respect to the instant construction cost, only the Plaintiff, except the Defendant, affixed a seal imprint on the representative director.

C. The Plaintiff completed the instant construction around July 28, 2013.

On November 29, 2013, the Defendant paid KRW 934,60,00 to the Plaintiff by February 28, 2014, with respect to the payment of the price to the Plaintiff, and, if the payment was not made by the payment date, made up a statement of payment that contains an additional payment of overdue interest (20% per annum) from the following day to the date of full payment (hereinafter “instant statement of payment”).

E. The Defendant is a Korea Trust Co., Ltd. (hereinafter “Korea Trust”) on November 29, 2013.

Between the Defendant and the Defendant, the 5th ground steel-frame reinforced concrete structure at the time of the death of the deceased.

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