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(영문) 대전지방법원서산지원 2019.11.12 2019가단304
공사대금
Text

1. The Defendant’s KRW 23,845,432 as well as 5% per annum from January 31, 2019 to November 12, 2019 to the Plaintiff.

Reasons

1. The facts below the basis of facts do not conflict between the parties, or may be acknowledged by comprehensively taking into account the whole purport of the pleadings as stated in Gap evidence Nos. 1 to 8 and Eul evidence Nos. 1 to 5 (including branch numbers).

On March 22, 2018, the Plaintiff concluded a construction contract (the first construction contract) with Defendant and D D (hereinafter “instant church”) by setting the construction cost of KRW 54,00,000 (including value-added tax; hereinafter the same shall apply), labor cost of KRW 14,349,40,00 during the period from March 23, 2018 to April 20, 2018.

B. On April 4, 2018, the Plaintiff concluded a construction contract (the second construction contract) with the Defendant and the instant church, setting the construction cost as KRW 7,497,60, labor cost as KRW 3,748,80, from April 9, 2018 to April 20, 2018.

C. On May 18, 2018, the Plaintiff concluded a construction contract (the third construction contract) with the Defendant and the instant church with the period from May 21, 2018 to June 10, 2018, setting the construction cost of KRW 145,00,000, labor cost of KRW 43,000,000, during the period from May 21, 2018 to June 10, 2018.

In the instant construction contract, ① in common, (i) the amount calculated by multiplying the rate of warranty bond by 3% in relation to defect security by the contract amount after completion inspection, and (ii) the warranty period shall be three years, and (iii) the contract amount shall be paid to the Defendant by the amount calculated by multiplying the contract amount by 0.1% and the number of delayed days as stipulated in the contract.

E. From May 23, 2018 to October 10, 2018, the Plaintiff received a total of KRW 163,900,000 from the instant church as the construction price for the first and third construction contracts in this case nine times from May 23, 2018, and the Defendant.

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