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(영문) 서울서부지방법원 2019.07.11 2018가합1254
공사대금
Text

1. The Defendant’s KRW 300,064,545 as well as the Plaintiff’s annual rate of KRW 6% from August 9, 2018 to July 11, 2019, and the following.

Reasons

1. Basic facts

A. C Co., Ltd. (hereinafter “C”) and D (hereinafter “D”) created a house site for electric source in the land of the Y E unit in the Jeonnam-gun E unit in order to sell the said house site. The Plaintiff entered into a construction contract with the buyer who purchased the said house for electric source and the buyer who purchased the said house to build a new house on the ground of the said house site.

B. On April 1, 2016, the Plaintiff and the Defendant are above-mentioned.

Under the construction contract stated in the paragraph, the F Housing (10 dong after completion, 2-17 dong), G Housing (26 dong after completion, 4 dong for work compensation), H Housing (27 dong for work day compensation), I Housing (28 dong for work day compensation, 12 dong for work day compensation), J Housing (35 dong for work day compensation, 13 dong for work day compensation) (hereinafter referred to as "each of the houses of this case"), etc. were newly constructed on April 1, 2016; the construction amount shall be 289,36,00 (including value-added tax; hereinafter the same shall apply); the construction amount shall be 341,00,000, H Housing (289,300, 300, 300, 300, 300, 300, 301, 306, 301, 306, 301, 306, 301, respectively.

C. The Defendant, according to the instant subcontract, did not complete the construction work by October 31, 2016, when the completion date of the instant subcontract was completed, even though the construction work for each of the instant electric power units was newly constructed.

Accordingly, around November 2016, the Plaintiff and the Defendant made a promise that does not apply the provision on compensation for delay under the instant subcontract agreement to the effect that the provision on compensation for delay should not be applied to the contractor’s occupation by December 23, 2016 (hereinafter “instant promise”) between the Plaintiff and the Defendant (hereinafter “instant promise”).

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