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(영문) 대구지방법원 2016.07.15 2015가합205691
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 489,752,657 and the interest rate of KRW 15% per annum from November 28, 2015 to the date of full payment.

Reasons

1. Indication of claim;

A. On December 26, 2013, the Plaintiff entered into a construction contract with the Defendant under which the Plaintiff would contract the Defendant with the Daegu-dong-dong-dong (hereinafter “instant construction contract”) for the construction of an officetel in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-U.S. (hereinafter “instant construction contract”), and paid KRW 1,286,090,380 in total as the construction price from April 1, 2014 to December 30 of the same year.

B. However, the Defendant unilaterally suspended construction from March 2015, and the Plaintiff sent to the Defendant a certificate of the fact that the instant construction contract was terminated on or around August 10, 2015, and around that time, the instant construction contract was terminated. Accordingly, the Defendant is obligated to refund the Plaintiff the construction cost of KRW 400,697,97, which was paid to the Plaintiff, so long as the instant construction contract was terminated, and to pay the penalty for delay amounting to KRW 89,05,05,46,660 x 1/1,00 x 10 days).

C. Therefore, the Plaintiff sought 489,752,657 won (=400,697,997 won) and damages for delay against the Defendant.

2. Judgment by publication of the basis (Article 208 (3) 3 of the Civil Procedure Act).

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