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(영문) 대구고등법원 2016.04.07 2015나725
공사대금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. 1) The Defendant carrying on real estate rental business (such as discontinuance of existing construction) is a substitute construction company around October 201 (hereinafter “alternative construction”).

3) On the ground of Daegu Northern-gu C, the 6th floor size of neighborhood living facilities (hereinafter “instant building”).

2) A new construction project (hereinafter referred to as “instant construction project”)

2) The 3rd floor of the instant building was built, but the construction was suspended during the steel distribution work for the 4th floor brick construction and the fresh construction work for the 4th floor.

B. On April 10, 2013, the Defendant, including the Plaintiff’s supply of and demand for the instant construction works, entered into a contract with the Plaintiff by setting the construction cost of KRW 1.266 billion and the construction period from May 1, 2013 to September 30, 2013 (hereinafter “instant contract”), and entered into a special agreement with the following terms.

In addition, the Plaintiff and the Defendant agreed to deduct the construction cost of this case from the construction cost of KRW 1.2663.5 million by calculating the construction cost of this case as KRW 200 million.

As a result, the construction cost to be paid by the Defendant to the Plaintiff was set at KRW 1 billion (= KRW 1.266 billion - KRW 200 million).

【Case concerning the Payment of Contract Price】

1. Upon commencement of construction work, the Defendant shall pay KRW 200 million to the Plaintiff at the joint management district of the Plaintiff and the Defendant.

2. The defendant shall pay the work price to the plaintiff at the joint management district of the plaintiff and the defendant once a month.

3. The defendant shall pay the remaining construction cost to the plaintiff within 60 days after completion.

4. If the Defendant fails to pay the remaining construction cost within 60 days after completion, the amount of the remaining construction cost plus damages for delay calculated by 2.5% per month from the date 60 days have elapsed after completion to the date of full payment.

5. Funds deposited in the joint passbook management unit between the Plaintiff and the Defendant are voluntarily deposited by the Plaintiff and the Defendant.

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