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(영문) 인천지방법원 2016.07.13 2014가합56801
공사대금
Text

1.(a)

The defendant's KRW 57,99,150 to the plaintiff and 5% per annum from September 4, 2014 to July 13, 2016.

Reasons

1. Basic facts

A. 1) On January 23, 2014, the Plaintiff engaged in construction business under the name of “C” (i.e., the conclusion of the instant contract) and the construction of a new house for the concurrent use of four-story D stores on the ground D in eternic City from the Defendant on January 23, 2014

(2) On February 15, 2014, the date of completion, June 15, 2014, the date of completion, June 30, 2014, the contract amount of KRW 549,00,000 [16.59 square meter x 3,300,000 per square meter, value-added tax and elevator amount of value-added tax and elevator amount of KRW 54,90,000, the intermediate payment of KRW 145,100,000 (three-time payment out of the outer wall work), the remainder (payment within three days after completion), the remainder (payment within three days), 249,00,000, and the elevator amount of KRW 240,000 and the elevator amount after completion inspection], and each contract was received (hereinafter referred to as “instant contract”).

(2) On March 2014, the Plaintiff entered into a building design contract with E, a design office designated by the Defendant on the date of the said contract, and entered into a contract for manufacture, sale, and installation of an elevator at KRW 35,750,000 with E, which entered into a contract for the manufacture, sale, and installation of an elevator at KRW 7,150,000, as the down payment, around April 1, 2014.

3 The plaintiff and the defendant reduced the contract deposit to KRW 40,320,000 by agreement, and only agreed on the acceptance of the contract deposit, but did not agree on the method of attribution.

On January 28, 2014, the Plaintiff entered into an insurance contract for performance guarantee for the instant construction project with the Defendant and the insurance amount of KRW 40,320,000, with Seoul Guarantee Insurance Co., Ltd.

B. On the other hand, on February 2014, it was found that the ground was weak as a result of a geological survey on the site of the above housing site, and the Plaintiff was around that time.

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