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(영문) 전주지방법원군산지원 2019.10.01 2018가단6476
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 30, 2016, the Plaintiff entered into a construction contract with the Defendant for the new construction of the fourth-story neighborhood living facilities and detached houses (hereinafter “instant building”) on the ground C (hereinafter “instant construction”) on August 30, 2016 to March 2, 2017, with respect to the construction period from August 30, 2016 to March 2, 2017, with respect to the construction of the instant construction project, which is owned by the Defendant (hereinafter “instant construction”), with the construction cost of KRW 80,300,000 as the contract deposit (including value-added tax), with the payment of KRW 30,300,00 as the contract deposit, and the contract price for the instant construction project shall be paid in accordance with the construction progress rate, and the rate of the warranty bond rate of KRW 3% as well as 1/1000 as the total daily allowance contract price of KRW

B. Since May 12, 2017, the Plaintiff extended the construction period between the Defendant and the period from August 30, 2016 to July 30, 2017, and increased the construction price to KRW 932,250,000 (including value-added tax). The remainder of the construction price is 1.4

As seen in the foregoing, the Plaintiff received construction cost of KRW 430,00,000 from the Defendant before entering into the instant modified contract. As such, at the time of entering into the instant modified contract based on the increased construction cost, there were KRW 502,250,00 (=932,250,000 - 430,000).

According to the construction progress rate, KRW 259,00,00, including value-added tax, are paid on June 15, 2017; KRW 150,00,000,00 for each additional lane, including value-added tax, on July 15, 2017; KRW 93,225,000,00 for each additional 10% of the remainder, after the completion inspection, shall be issued a letter of performance guarantee and shall be paid within 5 days; however, the additional additional 2% of the total construction cost shall be paid after the lapse of 5 days, and the warranty bond rate shall be 3% of the total construction cost (two years, other than the modified contents, shall be subject to the instant initial contract; hereinafter referred to as “instant change contract”); and when each of the above contracts is combined, the instant construction contract shall be referred to as “instant construction contract”).

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