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(영문) 청주지방법원 2015.02.12 2014가합2904
공사대금
Text

1. The Defendant’s KRW 595,355,00 for the Plaintiff and KRW 6% per annum from July 1, 2013 to July 30, 2014.

Reasons

1. Determination on the cause of the claim

A. On December 1, 2012, the Plaintiff installed a solar power plant (hereinafter “instant construction”) with the Defendant on December 1, 2012 by fire-fighting from the Defendant.

A) A contract was entered into to receive KRW 1,430,000,000 for the total construction cost. A contract was entered into with the content that the construction cost of the instant construction project shall be increased to KRW 1,694,00,000 (hereinafter collectively referred to as “instant construction contract”) around June 2013.

(2) After completing the instant construction work in accordance with the instant construction contract, the Plaintiff delivered it to the Defendant, and the Defendant was subject to pre-use inspection by the Korea Electrical Safety Corporation on June 30, 2013.

3) On February 8, 2013, the Defendant paid the Plaintiff the construction cost of KRW 11,645,00, KRW 37,000,00 on August 14, 2013, KRW 900,000 on August 22, 2013, KRW 50,000 on March 13, 2014, and KRW 50,000 on March 13, 2014, respectively. [Grounds for recognition] The Defendant paid the Plaintiff each of the construction cost of KRW 111,645,00 on February 8, 2013, KRW 1 through 6 (including the number of pages; hereinafter the same shall apply).

each entry, the purport of the whole pleading

B. According to the above findings of determination, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 595,35,00 (i.e., KRW 1,694,00,000 - KRW 111,645,000 - KRW 37,000,000 - KRW 900,000 - 50,00000 - - 50,0000,0000 from July 1, 2013 to July 30, 2014, the delivery date of the instant payment order, and damages for delay at each rate of KRW 20% as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, unless there are special circumstances.

2. Judgment on the defendant's defense

A. As to this, the Defendant agreed between the Plaintiff and the Plaintiff and the Defendant that received sewage (hereinafter “accuracy energy”) for a direct payment for the construction cost of the instant construction work. Under such direct payment agreement, the Defendant agreed that the construction cost of the instant construction shall be treated directly by the Defendant. Based on such direct payment agreement, the total amount of KRW 600,000,000 on February 18, 2014.

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