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(영문) 울산지방법원 2020.07.02 2019가합445
샤시제작및시공기성금
Text

1. The defendant shall pay 172,518,463 won to the plaintiff and 12% per annum from February 19, 2020 to the day of full payment.

Reasons

1. Basic facts

A. On September 10, 2018, the Plaintiff entered into a contract with the Defendant to accept a subcontract with respect to the construction of a new apartment unit D (hereinafter “instant subcontract”) among the construction works for the construction of a new apartment unit D in Yangnam-si, Busan-do, the project owner of which is the project (hereinafter “instant subcontract”).

Construction cost: The payment period of KRW 535,00,000 (including value-added tax): From September 20, 2018 to January 15, 2019: (1) the payment method of remainder after completion of the construction under the payment rate of January 1, 2018 and (2) the payment method of remainder after completion of the construction: the cash payment rate of KRW 100: the special agreement of KRW 0.1% per day;

2. The payment of the fixed amount shall be made at the end of the following month and payable at the end of the following month.

(90 per cent of the actual process) - If the bank is not a bank, it may change

3. The construction cost shall be paid in cash;

The settlement of construction price shall be 90% of the contract amount shall be settled monthly, and 10% shall be settled after completion.

(The rate of compensation for delay shall be 0.1% per day of the original contract amount. (The rate of compensation for delay shall be 0.1% per annum.)

B. During the process of construction, the Plaintiff discontinued construction works under the circumstance that a dispute arises between the Defendant and the payment of the construction cost and the construction cost, and even some of the Changho Construction Work, the entire number of visits, and the defensive construction were left behind. On January 14, 2019, the Defendant notified the Plaintiff of the termination of the construction contract.

C. The total amount of the construction cost unpaid, excluding the production cost of the windows, glass, and miscellaneous iron, etc. only produced by the Plaintiff and not installed at the construction site (hereinafter “un installed windows, etc.”), is KRW 195,070,215 in the case of applying 60% of the cost of the original works to only one part of the original works, and KRW 157,864,663 in the case of applying the ratio of the cost of the original works to the cost of the original works, calculated based on each unit cost of the material cost, labor cost, and expenses arising from the price of the Public Procurement Service and the cost of the original works.

Meanwhile, the Plaintiff was paid KRW 185,00,000 as the construction price by the Defendant before filing the instant lawsuit.

[Reasons for Recognition]

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