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(영문) 서울중앙지방법원 2020.09.10 2018가단5013250
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 27,489,00 to the Plaintiff (Counterclaim Defendant) for KRW 27,489,00 and its amount from February 8, 2018 to September 10, 2020.

Reasons

(b) asserts that there is an obligation to pay KRW 2,772,00 (i.e. 12 days x 3/1,000 x 77,000,000);

According to the above facts of recognition, at least the Plaintiff delayed construction for 12 days from December 1, 2017 to December 12, 2017, the following day after the period of planting construction stipulated in the instant contract, as alleged by the Defendant.

However, since the construction delayed by the plaintiff is not a total landscaping construction but a planting construction, the compensation for delay shall be calculated based only on the construction cost of the planting construction.

Direct construction costs for landscaping in a complex shall be 25,486,070 7,208,760 32,694,830

2. 11,672,130, 897,360 12,569,490

3. Landscaping on neighborhood 11,277,90 2,211,980 13,489,880

4. 6,864,950 1,672,120 8,537,070 for rooftop landscaping.

5. Indirectly constructed construction costs of 676,090 808,520 1,484,610 55,977,140 12,798,740 68,775,80

6. Direct construction cost*0.9% 619,021

7. Direct construction cost of rooted insurance premiums*0.1% 68,776 Sub-committee 687,797;

8. National Health Insurance Premium*1.7% 217,634

9. Details of a contract statement attached to a certificate No. 2.49% of national pension contributions and labor cost*2.49% 318,689, the supply price of 536,323 supply price of 70,000,000 additional tax 77,000,000,000 A are as follows:

(1) As a result, if the construction cost of the Food Service is calculated based on this, the direct construction cost is 67,291,270 won (i.e., 68,75,880 won - 1,484,610 won), and the indirect construction cost is 672,912 won [i.e., 605,621 won [i., 605,621 won (= 67,291,270 x 0.9%) 67,291 won for overtime insurance premium (i.e., 67,291,270 x 0.1%) 502,389 won [i.e., 203 won for national health insurance premium + 203,90,220 won [i.e., 12, 798,740 - 8,5208), 2965].

Therefore, the plaintiff 2,711,276 won = 12 days ¡¿ 3/1,000.

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