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(영문) 전주지방법원남원지원 2013.09.11 2011가단2983
공사대금
Text

1. The Defendant’s KRW 37,416,807 as well as its annual 5% from September 22, 2011 to September 11, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On February 15, 201, the Plaintiff entered into a contract for construction works (hereinafter “instant contract for construction works”) with the Defendant, setting the construction cost of KRW 130,000,000 as the construction cost, February 20, 2011 as the commencement date, and May 30, 201 as the completion date of the instant contract for construction works, with respect to the construction works located in Namwon-si, Namwon-si (hereinafter “instant construction works”). The construction content is as follows.

(hereinafter “instant building”) D. D. the building constructed by the instant construction

1. Building area: 36 square meters (Completion 30 square meters);

2. roof: Aspacting writing;

3. External walls: reinforced concrete and brick (class A of short heat materials).

4. Changho Lake: LG window (2 window), glass (16mmm for waste A);

5. Rorse board: A general high-ranking plate;

6. Living rooms: Gambling rooms and art holes (including electric lamps);

7. Dogs: Indoor remote areas; and

8. Electricity: Installation of an excursion ship or an electric distribution box; and

9. Observers, such as septic tanks and drain pipes, external street 10. Options: Fire boilers, alkyke works, stalves of Lystaland (one million won) and candyke (one of six to seven million won for a sample), one of the new snives, and two of attached ebbs.

B. The Plaintiff and the Defendant completed the 30th part of the instant building and completed the completion inspection, and subsequently, decided to additionally construct the remaining 10 square meters. As to the 30th part of the construction completed on May 23, 201, the Defendant completed the registration of preservation of ownership by the Jeonju District Court No. 9966 for the receipt of machinery, such as the branch court of the Southern District Court, etc.

C. On June 21, 2011, the Defendant sent to the Plaintiff a certificate to the effect that “the Plaintiff failed to complete the construction by May 30, 201, which was the completion date of the instant construction contract,” and that “the instant construction contract shall be terminated on the ground of the Plaintiff’s nonperformance,” and the Plaintiff received it around that time.

As above, the Defendant notified the termination of the instant construction contract and prevented the Plaintiff from continuing the construction work, and the Plaintiff constructed the instant building area of 40 square meters, but suspended the construction work without performing part of the non-construction work.

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