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(영문) 부산지방법원서부지원 2019.02.15 2017가단103915
공사대금
Text

1. The defendant shall pay 58,155,800 won to the plaintiff and 36.5% per annum from March 4, 2017 to the day of complete payment.

Reasons

1. Basic facts

A. On July 28, 2016, the Plaintiff, a construction company, conducted manufacturing business, such as industrial valves on July 28, 2016, and the lot number at the time of the instant construction contract in Kimhae-si, “Gim E block.”

On the ground of the defendant's factory building F.M. (the steel structure factory building of the second floor), G. (the steel structure factory building of the second floor) and H. (the third floor reinforced concrete building) are composed of three buildings.

(hereinafter referred to as the “instant building”) concluded a contract for construction works (hereinafter referred to as the “instant construction contract”) as follows with respect to construction works newly constructed (hereinafter referred to as the “instant construction works”).

1. Name of construction project: New construction project for a D factory;

3. Period: Commencement date (scheduled on August 1, 2016) or completion date (four months after commencement of construction, and scheduled on November 30, 2016).

4. Contract amount: 1,342,00,000 won (value-added tax amount of KRW 1,220,000,000,000).

5. Progress portion:

1. Subsequent to the basic establishment (268,400,000)

2. 30% after the installation of steel frame (402,60,000 won); and

3. Two percent (268,400,000 won) after the establishment of a panel; and

4. Within 15 days after approval for use (402,60,000 won).

9. The interest rate for delay: 1/1,000.10. The interest rate for delay of the payment of price shall be 36.5% if converted at the annual interest rate of 1/1,000.

B. On August 16, 2016, the Plaintiff commenced the instant construction project and performed the additional construction project upon the Defendant’s request during the construction process.

C. Around February 10, 2017, the instant building was completed and delivered to the Defendant, and obtained approval for use on February 16, 2017.

As the instant construction cost, the Defendant paid KRW 270,00,000,000 around October 10, 2016, and KRW 200,000,000 around October 31, 2016, and KRW 369,00,000 around November 16, 2016, and paid KRW 469,00,000 according to the instant construction contract, and paid the remainder for reasons for the settlement of the price pursuant to the instant construction contract, ④ additional payment of KRW 280,96,981 as the final settlement amount around April 12, 2017 (=270,000,000,000,0000,000,000,000,000,009,69,696,696,69,69,69,69,6,00,00).

【Ground for recognition” has no dispute, Gap 1-8 evidence, and .

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