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(영문) 대구지방법원 경주지원 2018.11.13 2017가단1700
공사대금
Text

1. The Defendant’s KRW 44,920,00 for the Plaintiff and KRW 5% per annum from April 25, 2017 to November 13, 2018.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of each entry in Gap evidence Nos. 1, Eul evidence Nos. 4 and 5 (including paper numbers) and the whole purport of the pleadings:

On July 2015 (the date of preparation of the contract is October 28, 2016), the Defendant contracted the Plaintiff with the construction of the studio building on two parcels, including Samsung-si (hereinafter “instant construction”) contract amounting to KRW 291,50,000.

In the above contract, the Defendant agreed to pay 80,000,000 won for intermediate payment of KRW 90,000,000 to the Plaintiff within three days after the contract was concluded, within seven days after the completion of the framework construction, and within seven days after the completion of the construction, the remainder of KRW 121,50,000 to the Plaintiff.

B. The Defendant paid 80,000,000 won to the Plaintiff out of the instant construction cost.

C. On January 15, 2017, before the completion of the instant construction project, the Defendant expressed to the Plaintiff the intent to terminate the instant construction contract on the grounds that the Plaintiff renounced the construction without issuing a performance bond, and that the declaration of intention reached the Plaintiff around that time.

2. Summary of the parties' arguments

A. Since the Plaintiff completed the structural construction of the instant construction around January 12, 2017, the Plaintiff completed the structural construction of the instant construction, the Defendant shall pay KRW 79,851,250 remaining after subtracting the fixed construction cost from KRW 159,851,250 invested by the Plaintiff KRW 80,000.

(1) The Plaintiff initially claimed an intermediate payment of KRW 90,00,000 according to the instant construction contract, but claimed KRW 78,875,055 out of the unpaid construction cost actually invested by the Plaintiff in the preparatory document dated January 16, 2018 as the claimed amount, or claimed KRW 79,851,250 in the preparatory document dated March 20, 2018 as the claimed amount, and the Plaintiff’s final claim that was revealed through the whole process of pleadings is interpreted to the purport of seeking the construction cost upon termination even during the instant construction work).

Defendant 1 on June 19, 2015, as designated by the Plaintiff, KRW 15,00,000 to D, and KRW 80,00 to E.

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