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(영문) 서울북부지방법원 2017.08.11 2015가단24086
공사대금
Text

1. Of the Plaintiff’s lawsuit against the Defendant, KRW 13,932,473 and the interest rate of KRW 15% per annum from July 8, 2016 to the date of full payment.

Reasons

1. Basic facts

3. The scheduled date for commencement: Six months after the commencement of the relevant project on April 1, 2014.

5. Contract amount: 16.48 square meters x 2,700,000 won = 449,49,496,000 won on the ground of ( neighboring stores) x 83.81 square meters x 268,192,00 won (multi-family houses) in a provisional design area of KRW 827.39 square meters (25 square meters):

6. The balance of the payment method of the contract price of KRW 90,000,000 (per 10,000,000 at the time of the contract, and KRW 80,000 at the time of commencement), 268,80,000 (per 358,80,000 at the time of each month divided payment) for the remainder of KRW 358,80,00 (per 3 installments payment for each month); and

A. On February 11, 2014, the Plaintiff entered into the following construction contracts with the Defendant with respect to the construction of a neighborhood living facility or multi-family house on the land of 283m2 in Seongbuk-gu Seoul, Seoul (hereinafter “instant construction”) owned by the Defendant (hereinafter “instant construction contract”).

B. On June 12, 2014, the Defendant obtained a building permit for the instant construction from the head of the Seoul Seongbuk-gu head of the Gu as the owner of the building.

Unlike the commencement date of the instant construction contract, the Plaintiff commenced the instant construction work around June 2014.

On November 26, 2014, the Plaintiff suspended construction work.

C. On December 29, 2014, the Defendant notified the Plaintiff that “i.e., the construction is resumed, and the completion plan, completion plan, etc. of the construction is notified by January 5, 2015.”

On January 8, 2015, the Plaintiff notified the Defendant that “if the instant contract was modified unfairly differently from the terms of the initial contract, the Plaintiff will take legal measures, such as provisional attachment and exercise of lien, etc., without settling the difference (136,265,540 won) excluding the payment for the completed portion (360,000,000 won) from the input construction amount (496,265,540 won).”

Accordingly, on January 19, 2015, the Defendant notified the Plaintiff that “the construction was not completed until the completion date of the instant contract was completed, and the obligor appears to have no intention to perform the construction, so the instant contract shall be terminated,” and thereafter, entered into a contract with another company.

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