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(영문) 광주지방법원 2017.12.14 2015가합61059
공사대금
Text

1. The Defendant’s KRW 748,80,000 as well as 7% per annum from October 1, 2015 to December 14, 2017 to the Plaintiff.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. The following facts can be acknowledged in light of the overall purport of the pleadings in each of Gap evidence Nos. 1 through 6, Eul evidence No. 1 and Eul evidence No. 1.

(1) On February 11, 2015, the Plaintiff and the Defendant concluded a construction contract with the Defendant’s Gwangju Factory Construction Corporation (hereinafter “instant construction contract”) on the part of the Plaintiff (hereinafter “instant construction contract”). The main contents of the contract are as follows.

The construction site: The construction contract amount: July 15, 2015: the completion date of the construction project on July 23, 2015: the completion date of the construction project on July 15, 2015: the payment within seven days after a claim is made - the intermediate payment once (including value-added tax): 30% of the contract amount - the remainder payment at 20% of the contract amount - the payment rate of 30% of the contract amount (after approval for use within 15 days after a claim is made): 7% of the delayed interest rate of 3/1,000 of the contract amount: the construction period of the construction project in this case from April 30, 2015 to August 30, 2015; and the construction price in this case was agreed to be changed by the agreement on July 13, 2015 (including value-added tax): the construction price of the construction project in this case; and the construction price of the additional construction project in this case;

(3) The Plaintiff completed the instant construction around August 31, 2015, and the Defendant obtained approval for the use of the instant factory building on September 15, 2015, and completed the registration of ownership preservation in the name of the Defendant on September 22, 2015.

(4) The Defendant paid the Plaintiff KRW 5,036,100,000 as construction cost.

B. According to the above facts of recognition, the defendant, barring special circumstances, defense against the existence or scope of the obligation of the defendant from October 1, 2015 (the date 15 days have elapsed after obtaining approval for use) to the point of 748,80,000 construction cost unpaid (the additional construction cost of KRW 5,720,000), and its additional construction cost of KRW 64,90,000 (the additional construction cost of KRW 5,900,000) and its additional construction cost of KRW 5,036,10,000).

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