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(영문) 인천지방법원 2015.01.30 2014가합59268
공사대금
Text

1. The Defendant: (a) KRW 31,518,00 for the Plaintiff and its related KRW 5% per annum from December 25, 2014 to January 30, 2015; and (b) January 31, 2015.

Reasons

1. Basic facts

A. On September 25, 2013, the Plaintiff concluded a construction contract with the Defendant for a construction project with the content that the construction cost of KRW 550,00,00 (including value-added tax) and the construction period of KRW 550,00 with respect to the construction project for the construction project for the facilities adjacent to the Dontotototonton Dontob (hereinafter “instant construction project”) in terms of e.g., Tasung-si, Songsan-si, Songsung-si (hereinafter “instant construction project”) was changed to KRW 56,50,00 (including value-added tax) and the period of construction from September 31, 2013 (which appears to be due to clerical error in September 30, 2013) to December 31, 2013; and on November 7, 2013, the construction contract for the said construction project was changed to KRW 3/100,000 (including value-added tax).

(hereinafter referred to as the above modified contract refers to the instant construction contract. B.

From November 13, 2013 to January 29, 2014, the Plaintiff paid KRW 475,750,000 to the Defendant as advance payment of the instant construction project.

C. The Defendant did not complete the instant construction even after the completion date stipulated in the instant construction contract. Ultimately, on November 5, 2014, the Plaintiff and the Plaintiff renounced the instant construction work.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1 to 5, Gap evidence 5, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1) The defendant filed a claim for the return of advance payment equivalent to the amount of KRW 4,800,000 among the instant construction works (excluding completion cleaning), the civil construction works equivalent to the amount of KRW 85,888,730 (excluding soil and retaining wall construction), the civil construction works equivalent to KRW 2,50,000 (joint rectification, sewage and sewage pipes), the construction works for factories equivalent to the amount of KRW 157,085,82, the construction works for neighborhood living facilities (soil and reinforced concrete construction) equivalent to KRW 74,349,040, and the construction works for neighborhood living facilities equivalent to KRW 74,349,040 were suspended. The construction works of this case were terminated by delivery by the complaint of this case including the plaintiff's declaration of intent to terminate the contract, or by the application for modification of the purport of the instant claim and the cause of the claim, or concluded on November 15, 2014.

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