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(영문) 서울남부지방법원 2018.06.22 2018가합101315
공사대금
Text

1. The Defendant’s KRW 205,539,590 for the Plaintiff and KRW 5% per annum from July 1, 2016 to February 19, 2018, and thereafter.

Reasons

1. Indication of claim;

A. On July 7, 2015, the Plaintiff: (a) concluded a contract with the Defendant for the construction of a new construction of a five-story multi-household housing located in Gangseo-gu Seoul Metropolitan Government and a new construction of a five-story multi-household housing located on the ground from July 7, 2015 to December 2, 2015; (b) the construction cost was KRW 500 million; (c) the construction cost was paid KRW 35 million at the time of the contract; and (d) the lessee shall pay the remainder of the construction cost with the deposit for the lease after completion and the additional loan.

B. After completing the new construction of multi-household housing, the Plaintiff received approval from the head of Gangseo-gu Seoul Metropolitan Government and delivered the above multi-household housing to the Defendant on January 17, 2016.

C. However, the Defendant paid KRW 324,460,410 as the construction price until the end of June, 2016, and did not pay the remainder of the construction price even though the lessee moved in the said multi-household house.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of KRW 205,539,590 (= KRW 530,000,000 - KRW 324,460,410) and the damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from July 1, 2016 to February 19, 2018, which served on the Defendant a duplicate of the complaint of this case, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

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