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(영문) 창원지방법원 2017.07.06 2016가합1861
공사대금
Text

1. The Plaintiff, Defendant New America Construction Co., Ltd., 219,450,00 won, and Defendant Liquidation Comprehensive Construction Co., Ltd., 94,050.

Reasons

1. Indication of the premise and the claim;

A. The Defendants jointly contracted to construct an officetel with the Busan-dong Busan-dong Busan-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si, and the ratio of ownership is 70% of the Defendant New America Construction Co., Ltd. (hereinafter “new Corporation”) and 30% of the Defendant Joint Liquidation Construction Co., Ltd. (hereinafter “Comprehensive Liquidation Construction”).

B. On September 25, 2014, the Plaintiff is against the Defendants.

Of the aviation construction works, painting and Stoncote (hereinafter referred to as “instant construction works”) were subcontracted on February 29, 2016 as the construction cost of KRW 605,00,000 and the completion date of construction.

C. On April 29, 2016, the Plaintiff and the Defendants entered into a contract to change the construction cost of KRW 704,000,000 with respect to the instant construction work, and the date of completion to May 31, 2016.

On June 13, 2016, the Plaintiff completed the instant construction works and received a written confirmation of completion of construction from the Defendants.

E. The Plaintiff was paid KRW 390,500,000, out of the construction cost of the instant construction work by Korea Trust Co., Ltd., the owner of the instant construction site.

[Ground] Defendant Newcom Construction: The absence of dispute, each entry in Gap 1 through 6, the whole purport of the pleadings, and comprehensive construction of liquidation for Defendant: Confession (Article 150(1) and (3) of the Civil Procedure Act)

2. According to the above facts finding as to the cause of the claim, Defendant Newcom Construction is obligated to pay the Plaintiff the remainder construction cost of KRW 219,450,00 (=(704,000,000-390,500,000) x 0.7). The remainder of the construction cost for comprehensive liquidation of the Defendant: 94,050,000 (=(704,000,000-390,500,000) x 0.3) and each of the above amounts from June 14, 2016 to January 20, 2017, which is the day following the completion date of the instant construction, to each of the damages for delay calculated at the rate of 15% per annum as stipulated in the Civil Act, and from the next day to the day of complete payment, 5% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.

3. As to the assertion of Defendant Newcom Construction, Defendant Newcom Construction is determined.

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