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(영문) 부산지방법원동부지원 2017.06.01 2015가합104670
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay KRW 52,800,000 to the Defendant (Counterclaim Plaintiff) and its payment from May 5, 2017 to the date of complete payment.

Reasons

Basic Facts

On June 19, 2014, the Defendant concluded a contract on June 19, 2015 with the amount of KRW 5.32 billion (hereinafter “instant construction”) for the construction of the Seojin Integrated Construction Co., Ltd. (hereinafter “Seojin Comprehensive Construction”) as the contract amounting to KRW 5.32 billion (hereinafter “instant construction”) and the date of commencement on July 1, 2014, and June 30, 2015.

For the comprehensive construction of Seocho-jin, the above A.

Although the instant construction project was carried out in accordance with the contract agreement stated in Paragraph (1), various problems, such as aggravation of the financial situation, have occurred, and the Defendant terminated the said contract with the Seogjin General Construction around March 2015.

On June 10, 2015, the Defendant contracted to the Plaintiff for the remaining portion of the instant construction works, with the contract amount of KRW 2.4 billion, the date of commencement, July 1, 2014, the date of completion, July 30, 2015, and the rate of KRW 1/1,000, for delay damages.

(hereinafter “instant construction contract”). On August 21, 2015, the Plaintiff completed the instant construction project upon obtaining approval for use from the macro-market.

The Defendant directly paid KRW 1,521,781,00 to the Plaintiff as the construction cost under the instant construction contract.

【In the absence of dispute, the Plaintiff calculated the construction cost of the remaining part of the instant construction at the time the Plaintiff and the Defendant entered into the instant construction contract, as KRW 2.2 billion, calculated the construction cost of the remaining part of the instant construction at the time of the conclusion of the construction contract, and calculated the four premiums and general management expenses to be paid by the Plaintiff as KRW 2.4 billion, and received approximately KRW 1.5 billion from the Defendant among the construction cost of the instant construction work, and the Defendant received approximately KRW 2.4 billion from the Plaintiff among the construction cost of the instant construction work. The remainder of the determination by the Defendant, on behalf of the Plaintiff, to the subcontractor for the instant construction work.

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