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Reasons
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(영문) 대전지방법원 2017.11.15 2015가합107735
공사대금
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1. The Defendant’s KRW 173,280,010 as well as 6% per annum from January 5, 2016 to November 15, 2017 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a company that aims to construct a building and civil engineering works. 2) The Defendant decided to construct a building on the land outside Daejeon Seosung-gu B and one parcel of land. On August 26, 2014, the Plaintiff entered into a contract with the Plaintiff for construction cost of KRW 2,712,60,000 (including surtax) and entered into a contract with the Plaintiff for construction cost of KRW 2,712,60,000 with the following content:

(A) Evidence No. 1-4, hereinafter referred to as the “instant contract,” and the contract related thereto shall be referred to as the “instant contract,”

5. Date scheduled for completion: October 31, 2014;

7. Contract bond: Daily amount - Original term;

8. Advance: Daily gold - Original (payment within a period of time after the conclusion of a contract)/

9. End amount: The construction of this case and the construction of 2,712,60,000 construction work for each type of work at the time of a request for a warranty period of defect liability period of 3% and 2,712,60,000 construction work for each type of work at the time of request for a warranty period of 11.

(4) From December 9, 2013 to December 10, 2014, the Defendant paid the Plaintiff totaling KRW 2,401,59,990 of the construction cost.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5 (including branch numbers, if any; hereinafter the same shall apply), the purport of whole pleadings

B. The Plaintiff completed the instant construction and delivered the instant building to the Defendant; the Defendant’s remainder payment period under the instant contract set by the time limit for the Plaintiff’s claim for the payment of the remainder; and the Plaintiff’s approval for use of the instant building is as seen earlier; and the duplicate of the instant complaint stating the Plaintiff’s declaration of intent to request the payment of the remainder was served on the Defendant on January 5, 2016.

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