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(영문) 대전지방법원 2018.10.10 2017가합1039
공사대금
Text

1. The Defendant shall pay 460,878,000 won to the Plaintiff and 36.5% per annum from April 25, 2017 to the date of full payment.

Reasons

1. Basic facts

A. The plaintiff is a corporation established for the purpose of specialized fire-fighting system construction business, etc., and the defendant is an autonomous management organization organized by the occupants of Daejeon Dong-gu A Apartment (hereinafter "the apartment of this case").

Contract amount: 1,396,00,000 won: From January 9, 2017 to March 30, 2017: 1,100 won per day: From January 30, 2017: - Payment of 460,878,000 won per day: Payment after the commencement of works and submission of documents - Payment of 614,504,00 won in advance: When the main material is input and the progress rate is at least 50%, - Payment of 460,878,00 won in balance (hereinafter “instant down payment, intermediate payment, balance”) within seven days after completion / [general conditions] Article 12 (Payment of Construction Expenses) [3] Where a defendant fails to pay the construction price to the plaintiff within the deadline, the penalty for delay shall be paid in addition to the rate set by the application of the rate set in the contract on the number of days from the day following the due date of payment to the date of payment.

B. On January 6, 2017, the Plaintiff and the Defendant concluded a contract with respect to water supply, fire pipes replacement, and appurtenant works of the instant apartment (hereinafter “instant construction”) on the following terms:

(hereinafter “instant contract”). (c)

The Defendant paid the instant down payment to the Plaintiff on January 17, 2017, and the intermediate payment of this case on March 13, 2017.

The instant construction was completed on April 17, 2017, and on April 19, 2017, the Daejeon Vice-President issued a certificate of completion of fire-fighting systems related to the said construction.

[Ground of recognition] A without dispute; Gap evidence Nos. 1 through 5, 7, 8, 9; Eul evidence Nos. 7, 16, and 18; the result of the response to the order to submit financial transaction information to our bank; the witness B's testimony and the purport of the whole pleadings

2. According to the above facts, according to the judgment as to the cause of the claim, the defendant's remaining amount of KRW 460,878,000 in accordance with the contract of this case, and objection thereto.

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