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1. The Defendant’s KRW 62,030,00 for the Plaintiff and 6% per annum from March 1, 2012 to August 29, 2012.
Reasons
1. Basic facts
A. The Plaintiff is a company that conducts civil engineering and construction business, and the Defendant is a company that manufactures and sells electronic parts and non-exploitable products.
B. On November 16, 201, the Defendant obtained permission for the new construction and development of a factory on lots other than 47-2, Macheon-si, Sucheon-si, Kimcheon-si, Kimcheon-si.
C. On December 14, 201, the Defendant ordered the Plaintiff to construct the factory site by setting the construction cost of KRW 513,00,000,000 on June 30, 2012, the date of completion, and paid the Plaintiff the down payment of KRW 46,70,000,00 to the Plaintiff around that time.
On January 12, 2012, the Defendant received an order to suspend construction of stone from Kimcheon-si on the ground that the part constructed of stone was different from the retaining wall originally permitted, and filed an application for change of the construction, and obtained permission for change of development activities on January 31, 2012.
E. On February 23, 2012, the Plaintiff notified the Defendant that the instant construction contract will be terminated if the Plaintiff did not settle the accounts by February 29, 2012, upon requesting the payment of KRW 62,030,000 for progress payment. Around that time, the Plaintiff suspended the instant construction work.
F. On June 14, 2012, the Plaintiff filed an application for provisional seizure of real estate with respect to the instant construction cost of KRW 62,030,000 as the claimed amount, and the instant court cited it on June 15, 2012.
(G) The purport of the whole pleadings and arguments as follows: (a) the Daegu District Court Kimcheon-Support 2012Kadan830. [Grounds for recognition] did not dispute; (b) Gap evidence 1 through 3 (including each number, if any; hereinafter the same shall apply); (c) Eul evidence 1 through 4; and (d) evidence 7; and (c) the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff had urged the Defendant to pay the payment for the completed portion on several occasions, but the Defendant failed to pay the payment for the completed portion on February 23, 2012, and notified that the contract would be terminated if the Plaintiff did not perform the payment by February 29, 2012. The Defendant did not pay the payment for the completed portion by the said deadline. Therefore, the Defendant did not pay the payment for the completed portion by the said deadline