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(영문) 부산고등법원 (창원) 2018.01.18 2017나21551
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

1. Construction name: Crelet construction works;

2. Site location: Ulsan Metropolitan City, Dong-gu, and one parcel other than B.

3. Period: January 31, 2014, the completion date of construction, September 23, 2013.

4. Contract amount: Value-added tax in the amount of one hundred million won or more: Separate.

6. Timing of completed portion and method: A balance of the construction work shall be paid within 15 days after the completion of the construction work at the time of completion of the construction work of 150,000,000 Won for a steel framed at the time of the completion of the construction work of 150,000,000 Won for concrete of the second floor floor.

7. Warranty liability period: two years; and

8. The ratio of warranty bond to 3%;

9. The rate of penalty for delay: 1/1000.

A. The Plaintiff registered a construction business pursuant to Article 9 of the Framework Act on the Construction Industry. Around September 10, 2013, the Plaintiff entered into a contract with the Defendant for a new construction project (hereinafter referred to as “instant loan”) with the Defendant on the land lending outside Ulsan-dong, Ulsan-gu, and one parcel of land (hereinafter referred to as “instant loan”) from the Defendant, and the main contents thereof are as follows.

B. On December 9, 2013, the Plaintiff sent to the Defendant a content-certified mail stating that “The first commencement date was September 23, 2013, but the Defendant’s submission of the commencement date was inevitable due to the delayed delay on December 5, 2013, and thus, a request for 73-day extension of the construction period is requested, and the first intermediate payment is requested to be paid by December 20, 2012, as stated in the instant construction contract.” However, the said content-certified mail was not sent to the Defendant as a closed letter.

C. On May 20, 2014, the Defendant paid the Plaintiff the instant construction cost of KRW 180,000,000 to the Plaintiff. The Defendant prepared and issued the sales contract form regarding the instant loan Nos. 101, 301, 302, 401, and 402 as collateral for the remainder of the construction cost.

In the case of the loan construction of this case, the owner of the building and the plaintiff of the construction work shall be the defendant with respect to KRW 535,00,000,000 in the balance of the construction cost, excluding KRW 180,000,000, which was paid for the contract deposit of the construction work.

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