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(영문) 울산지방법원 2018.10.04 2016가단56594
공사대금
Text

1. The Defendant’s KRW 15,153,829 as well as the Plaintiff’s annual rate of 5% from June 15, 2016 to October 4, 2018, and the following.

Reasons

1. The following facts are acknowledged as either a dispute between the parties or in full view of the evidence Nos. 1 and 7 and the purport of the entire pleadings.

A. On August 28, 2015, the Plaintiff entered into a contract with the Defendant for the construction of neighborhood living facilities and multi-family houses (hereinafter “instant building”) with the third floor size above the ground in Yangsan-si, Yangsan-si (hereinafter “instant construction”) on the following conditions.

Article 2 (Work Period): From September 2, 2015 to December 30, 2015, Article 3 (Contract Price and Payment Terms): 400,000,000 won for the completion of construction and delivery (100,000 won for the first intermediate payment of KRW 150,000 for the second intermediate payment of KRW 150,000 for the first intermediate payment of KRW 100,000 for the second intermediate payment of KRW 100,000 for delivery after completion of the construction work, the remainder of KRW 50,000 for the second intermediate payment of KRW 150,000 for the second intermediate payment of KRW 10,00 for delivery shall be determined through mutual consultation

B. On September 2, 2015, when the Plaintiff started and started the instant construction, the Plaintiff suspended the construction at the end of December 2015, and on January 11, 2016, the Plaintiff sent to the Defendant a content-certified mail stating that “it is impossible to complete the instant construction works within the period from the beginning. It was impossible to complete the construction due to the failure to pay an intermediate payment of KRW 60,000,000, out of the construction cost of the instant case (hereinafter “instant content-certified mail”), and around the said time, the instant content-certified mail sent to the Defendant.

C. Accordingly, on January 18, 2016, the Defendant sent to the Plaintiff a content-certified mail stating that “The Plaintiff suspended the instant construction before the completion of the construction works within the agreed period, and there is no intention to resume the construction works,” and that “the Defendant’s content-certified mail.”

The defendant-certified mail of this case reached the plaintiff around the above time.

The Defendant had another construction business operator perform the part of the instant construction project that the Plaintiff did not perform from the time of notification of termination to April 11, 2016.

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