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(영문) 인천지방법원 2016.08.26 2015가합53816
공사대금
Text

1. The Defendant’s KRW 149,100,000 and the Plaintiff’s annual rate of KRW 6% from November 7, 2012 to October 1, 2015.

Reasons

1. Determination on the cause of the claim

A. The Plaintiff’s assertion asserts to the effect that the Defendant did not pay KRW 149,100,000 for the construction remainder, even if the construction work was completed by reporting the commencement of operation to the Nonparty Incheon Metropolitan City on November 6, 2012, the Plaintiff, based on the construction contract entered into with the Defendant, constructed a training facility for the withheld pollutants, and filed a claim against the Defendant for payment of KRW 149,10,000 for the aforementioned construction balance and damages for delay.

B. According to the overall purport of each statement and pleading of evidence Nos. 4, 10, 11, and 21 (including paper numbers) as to the construction work (hereinafter “instant construction work”), the construction work cost of which is 497,000,000,000 (hereinafter “instant construction work”) with respect to the construction work for which the Defendant and the Defendant, located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, 363-17, carries environmental pollutants at the Defendant’s shipbuilding plant located in Seo-gu, Seo-gu, Incheon (hereinafter “instant shipbuilding work”), and construction period of which is 497,00,000,000 (excluding additional tax) with respect to construction work period of May 30, 2012.

8. As of December, 200, each contract for construction works (hereinafter “the instant contract for construction works”) was entered into, and ② thereafter, the construction works of this case was completed on or around October 2010 upon the Defendant’s request by the Defendant, following several revisions, such as design and method of construction, and on November 6, 2012, the Plaintiff was paid KRW 347,90,000 out of the construction cost stated in the said paragraph to Nonparty Incheon Metropolitan City. Meanwhile, the Plaintiff was paid KRW 497,00,000 from the Defendant.

Therefore, barring any special circumstance, the Defendant’s remaining construction cost of KRW 149,100,00 (i.e., KRW 497,00,000 - KRW 347,90,000) and its delivery date from November 7, 2012, which is the following day after the completion date of the instant construction work, shall be from November 7, 2012 to October 1, 2015.

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