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(영문) 대구지방법원안동지원 2020.03.25 2019가단20597
공사대금
Text

1. The Defendant’s KRW 60,805,00 for the Plaintiff and 5% per annum from March 15, 2019 to March 25, 2020.

Reasons

1. Basic facts

A. On May 28, 2018, the Plaintiff awarded a contract to the Defendant for the 3rd floor Housing Construction Corporation on the ground C (hereinafter “instant construction”) with the construction period from June 2018 to December 2018, the construction cost of which was KRW 350 million.

(hereinafter referred to as the “instant contract”). With regard to the timing for payment of the construction price, 10 million won, 70 million won after the floor construction of the second floor, 60 million won after the roof construction, 60 million won after the exterior construction, and 60 million won after the completion of the construction, were to be paid.

B. Around June 2018, the Defendant commenced construction work, and the Plaintiff paid KRW 100 million to the Defendant on May 29, 2018; KRW 2 million on June 29, 2018; KRW 70 million on July 23, 2018; KRW 60 million on August 27, 2018; and KRW 230 million on the aggregate.

C. On July 23, 2018, the Defendant: (a) completed the instant construction project to the Plaintiff by December 31, 2018; and (b) completed the construction within the said period, the Defendant drafted and delivered a written agreement to pay the delayed amount of KRW 300,000 per day from January 1, 2019 to December 31, 2018.

The Corporation's net progress did not occur, the Plaintiff urged the progress of the Corporation, and the Defendant ordered the Plaintiff to pay part of 60 million won after the outsourcing work.

Accordingly, on December 6, 2018, the Plaintiff paid 20 million won to the Defendant, and the Defendant agreed to complete the outer works and the string, in particular, within the number of days. On the same day, the Defendant prepared and issued an agreement to pay the Plaintiff the delayed amount of KRW 500,000 per day from February 1, 2019 to the Plaintiff when the instant construction works are completed by January 31, 2019 and the said period is not completed within the said period.

E. On January 2019, the Defendant suspended the instant construction on the ground that the Plaintiff did not pay the remainder of 40 million won after paying only 20 million won upon completion of the funeral construction.

F. The construction of this case was discontinued by the Defendant at the time of suspending the construction.

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