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Reasons
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(영문) 청주지방법원충주지원 2017.07.05 2017가단608
공사잔대금
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1. The Defendant’s KRW 8,183,316 and KRW 7,245,00 among the Plaintiff’s KRW 6% per annum from October 27, 2016 to July 5, 2017.

Reasons

. Facts of recognition.

A. On July 20, 2015, the Defendant: (a) concluded a contract with the Plaintiff, who engages in construction business, etc. under the name of “C”; (b) on July 27, 2015, setting the construction period from July 27, 2015 to November 15, 2015; and (c) the construction cost of KRW 195,000,000 for each of the construction works (hereinafter “instant contract”). The main contents are as follows.

* Terms and Conditions of Payment

1. When concluding a contract: 10% of the contract amount;

2. On arrival of main materials: 30% of the contract.

3. At the time of completion of structural works: 20% of the contract amount.

4. When interior works are performed: 20% of the contract amount.

5. At the time of completion of construction: “A” shall be notified in writing to “B” if the modification of the design or the scope of the construction is made due to the needs of Article 5(Modification of Design and Construction Scope) 5-1(Defendant)(A) of the contract amount, and “B” shall carry out the construction in accordance therewith.

5-4 The alteration of the oral design and construction scope of “A” and “B” shall not be effective.

If “B” is unable to complete the construction within the contract period due to a cause attributable to “B” under Article 16-1(s) of the Act, “B” shall pay the penalty equivalent to 1,000 of the contract amount at the time of the payment of the construction amount for each day of delay.

Provided, That compensation for delay shall not exceed 10% of the contract amount.

B. The Defendant paid to the Plaintiff the instant construction cost of KRW 19,50,00 on July 22, 2015, KRW 20,00 on August 19, 2015, KRW 30,000 on August 26, 2015, KRW 10,000 on August 26, 2015, ④ KRW 20,000 on September 3, 2015, KRW 500 on September 8, 2015, KRW 00, KRW 00 on June 20, 200, KRW 00 on September 10, 200, KRW 70 on September 24, 2015, KRW 10,000 on KRW 10,00 on September 10, 200, KRW 100 on October 19, 2015, KRW 10 on October 10, 2010.

C. At present, the instant construction is completed.

[Reasons for Recognition] The facts without dispute, Gap evidence No. 1-1, and all pleadings.

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