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(영문) 서울중앙지방법원 2018.03.29 2016가합551712
공사대금
Text

1. From December 31, 2015 to September 12, 2016, the Defendant paid to the Plaintiff KRW 712,250,000, and paid 5% per annum to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The following facts are no dispute between the parties, or may be acknowledged as a whole by taking into account the overall purport of the pleadings in Gap evidence 2. A) On May 14, 2015, the Plaintiff: (a) on May 14, 2015, the period of construction of a model house for a local housing association of the 5 ground-based housing unit (hereinafter “instant construction”) from May 15, 2015 to June 30, 2015; (b) the construction cost of construction; (c) 918,50,000 won (including value-added tax); (d) 30% of the down payment; (e) the intermediate payment shall be paid within 15 days after the show of model houses; and (e) the remainder shall be paid within three months after the opening of model houses; and (e) the total construction amount shall be paid within September 30, 2015 in cash if the opening of model houses is not postponed or opened.

B) On September 4, 2015, with respect to the instant construction project, the Plaintiff: (a) from May 15, 2015 to September 30, 2015, the construction cost of KRW 1,188,00,000 (including value-added tax); (b) down payment of KRW 275,50,000; (c) intermediate payment of KRW 200,200,000; and (d) the remainder of KRW 712,250,00; (b) the intermediate payment of KRW 712,250,000; (c) the remainder shall be paid within 15 days after the opening of a model house; and (d) the remainder shall be paid first of all at the rate of members recruitment; and even if the opening of a model house is not postponed or opened, the entire construction cost of the instant construction project shall be paid in cash (including the remainder at least 30% at the time of recruitment; and (d) the remainder at least 50% at the time of members recruitment (hereinafter the instant change).

(C) On September 19, 2015, the Plaintiff concluded the instant amendment contract.

2. The Plaintiff stated that the Plaintiff received the down payment of KRW 275,550,000 from the Defendant among the construction price under the instant modified contract, as the down payment of KRW 275,50,000,000, in the cause of the claim. However, considering the claim amount, etc., the Plaintiff appears to be a clerical error of KRW 275,550,000.

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