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(영문) 창원지방법원밀양지원 2017.05.17 2017가단836
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 38,190,000 and the interest rate of KRW 15% per annum from December 31, 2016 to the date of full payment.

Reasons

1. On April 6, 2016, the Plaintiff is obligated to determine the cause of the claim: (i) the construction cost of KRW 36,30,00 (including value-added tax); (ii) the period from April 7, 2016 to May 7, 2016; (iii) the payment method of the construction cost of KRW 20% out of the construction cost of KRW 7th day from April 2016 to August 2016; (iv) the Plaintiff was awarded a contract for the 30% of the total construction cost of KRW 28,60,00 (including value-added tax); (v) the period from April 7, 2016 to May 7, 2016; and (v) the Plaintiff’s payment method of the additional construction cost of KRW 20 to KRW 50,500 (including value-added tax); and (v) the Plaintiff’s payment method of the additional construction cost of KRW 205,506,2016.

2. The defendant's assertion argues that the plaintiff's claim cannot be complied with since the plaintiff did not comply with each of the above construction periods, there were defects in each of the above construction works, and the waste after the construction is not disposed of.

First of all, the defendant's argument about the delay of construction period is examined as well as medical and gas facility works.

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