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(영문) 광주지방법원 목포지원 2018.02.09 2016가단54139
공사대금
Text

1. The Plaintiff (Counterclaim Defendant) shall pay to the Defendant (Counterclaim Plaintiff) KRW 15,400,000 with full payment from September 23, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On July 2, 2014, the Plaintiff concluded a construction contract that newly constructs two-story housing units in Jeonnam-do C (hereinafter “instant construction contract”) with the Defendant, and concluded the object completed under the instant construction contract (hereinafter “instant housing”).

The parts related to this case among the contents of the instant construction contract are as follows:

Table: Article 1 (Opening of Construction Period) of the Terms and Conditions of the instant Construction Contract,

1. The amount of KRW 154,00,000 (excluding value-added tax) of KRW 15,400,000 for the first time when the total construction cost is paid (in the case of release of materials), KRW 20,000 for the second time (in the case of release of materials), KRW 25,000 for the second time (in the case of release of materials), KRW 39,60,000 for the fourth time (in the case of basic construction), KRW 47,00 for the second time 6th time when the total construction cost is paid (in the case of removal of materials), KRW 7,00,000 for the second time; and

2.A (Defendant) shall not delay payment without good cause in relation to the payment of the price for the work under the preceding paragraph, and shall pay interest in arrears at the rate of 12 per annum from the day following the date of payment to the date of full payment for the unpaid amount.

Additional construction cost must be paid in advance.

Article 6 (Performance Delay)

1. Eul (Plaintiff) shall pay to Gap an amount equivalent to one-one thousands00 of the construction cost per delay day when the completion of construction works is not completed within the deadline, and the total daily amount per delay day shall not exceed ten percent of the total construction cost;

B. After the conclusion of the instant construction contract, the Plaintiff agreed, in addition to the instant construction work from the Defendant, to set up a package work around the instant house, an access road 2.5m packing work, an appurtenant building work, a fence, and a scke construction work.

C. The Defendant paid KRW 152,400,000 to the Plaintiff out of the instant construction cost, and obtained permission for the completion of the instant house on February 5, 2015.

[Reasons for Recognition] Facts without a partial dispute, Gap evidence Nos. 1, 4, 5, Eul evidence Nos. 1, 4, and 7, the purport of the whole pleadings

2. With respect to claims against the principal office.

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