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(영문) 대전지방법원천안지원 2019.10.11 2018가합103733
공사대금
Text

1. The Defendant’s KRW 143,50,000 as well as 6% per annum from March 13, 2018 to October 11, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. A. Around May 2017, the Plaintiff and the Defendant concluded a contract for construction works (hereinafter “instant contract for construction works”) with the Plaintiff as the construction cost of KRW 152,000,000 (excluding value-added tax) and the scheduled completion date of construction works, which set the contract period as the contract period on October 30, 2017 with the Plaintiff as the construction cost of KRW 152,00,000 (hereinafter “instant civil construction works”).

B. Around July 3, 2017, the Plaintiff and the Defendant concluded a contract for construction work with the Plaintiff, setting the construction cost of KRW 588,500,00 (including value-added tax) on the land outside and two parcels in Seo-gu, Seo-gu, Seo-gu, Seoan-gu, Incheon (hereinafter “instant new construction work”) as the contract period for construction work at KRW 588,50,000 (including value-added tax), November 30, 2017; and 0.1% per day for liquidated damages (hereinafter “instant new construction contract”).

C. On March 12, 2018, the Plaintiff completed the instant new construction project and obtained approval for the use of the building from the head of Seo-gu, Seoan District Office. 2) The Defendant paid only KRW 445,00,000 to the Plaintiff out of the construction price, and did not pay the remainder of KRW 143,50,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including branch numbers, if any; hereinafter the same shall apply), Eul evidence 1 to 4, the purport of the whole pleadings

2. According to the facts found in the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff who completed the instant new construction project in accordance with the instant new construction contract, the unpaid construction cost of KRW 143,50,000, and the damages for delay from March 13, 2018, which is the day following the completion date of the construction project, to the Plaintiff.

3. Judgment on set-off of damages for delay

A. Around May 2017, the Plaintiff and the Defendant concluded the instant civil engineering works contracts and the instant new construction works contracts by combining them.

Therefore, the defendant's new construction contract of this case.

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