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(영문) 부산지방법원 2019.08.22 2018나58080
공사대금 등
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

A. The Plaintiff is a company running interior interior interior interior fishery and construction business, and the Defendant is a social welfare foundation that performs social welfare business, etc.

B. On January 30, 2015, the Defendant: (a) from February 4, 2015 to February 4, 2015, 2015, the construction period for remodelling E facilities (hereinafter “instant construction”) located in Ulsan-gun D; (b) the disabled dwelling facilities located in Ulsan-gun D (hereinafter “C”);

4. up to 24. The contract was made by setting up the construction cost of KRW 294,790,920.

C. Among the instant construction works, the said construction was suspended on May 2015 due to the occurrence of the problems relating to design change, extension of the time limit for completion, additional construction costs, etc., between the Defendant and C, and the Defendant notified C of the termination of the contract on the grounds of refusal to perform construction works on May 29, 2015. C also notified the Defendant of the termination of the contract on June 29, 2015.

After that, around November 19, 2015, the Defendant concluded a construction contract with the Plaintiff to complete the remainder of the instant construction work in KRW 294,790,920 (hereinafter “instant contract”) and the main contents of the said contract are as follows.

1. The name of the project: Projects for remodeling facilities;

2. Place for construction: Ulsan-gun F

3. Date of commencement: Scheduled date of completion on November 4, 2015: The contract amount on December 30, 2015: KRW 5,000,000 (including VAT)0,000,000 (including 294,790,920,000) (Provided, That there are special terms and conditions).

7. Advance payment: 20,000,000 won per day (payment within two days after the conclusion of a contract); The rate of liquidated damages for delay: 0.01% of the contract amount under paragraph (5) of this contract shall be agreed as follows:

1) The balance of KRW 144,790,920 remaining after deducting KRW 150,00,000 from the construction cost claimed by the immediately preceding construction business chain C against the Defendant at KRW 294,790,920 shall be determined as the construction cost: Provided, That the Ulsan District Court case between C and the Defendant in progress at the same time shall be determined as the construction cost.

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