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(영문) 수원지방법원안산지원 2020.11.12 2018가합8412
공사대금
Text

1. The Defendant’s KRW 540,033,833 as well as its annual 6% from September 25, 2020 to November 12, 2020 to the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) Defendant (hereinafter “Defendant Company”)

2) The Defendant Company’s ownership of the Defendant Company C (hereinafter “instant land”).

(2) On the ground, the Plaintiff Company and the Plaintiff Company for the construction of the instant land-based lending complex (hereinafter “instant construction”) with a view to carrying out the business of constructing and selling a total of 19 units, including a single house of 17 units, an appurtenant management office, and a warehouse on the ground.

As to the construction period, the construction period shall be KRW 3,939,00,000 (including value-added tax) and the construction period shall be from April 15, 2017 to November 30, 2017.

2) On December 31, 2017, the Plaintiff Company suspended the instant construction work and delivered the part of the construction work to the Defendant Company, pursuant to the contract for construction of the instant loan complex.

3) From April 12, 2017 to December 1, 2017, the Defendant Company: (a) paid the Plaintiff Company a total of KRW 574,166,167; (b) on March 19, 2020, the representative director D of the Defendant Company paid KRW 1,114,20,00 for “(the construction price of the Plaintiff Company)” (the construction price of the Plaintiff Company was KRW 1,114,200,000; (c) the Defendant Company paid KRW 574,16,167, and did not pay the remainder (Evidence 10-1). The Defendant Company prepared a written statement (based on recognition) stating that the Plaintiff Company did not dispute [the grounds for recognition]; (d) Party A’s evidence 1 through 6, and 10 (including serial numbers; hereinafter the same shall apply).

No. 1 and the purport of the whole pleadings

B. According to the above facts, barring any special circumstance, the defendant company is obligated to pay to the plaintiff company the remaining amount of KRW 540,03,833 of the construction work of this case (i.e., the payment of the construction work of this case 1,114,200,000 - 574,166,167 won) and damages for delay.

2. Determination as to the argument of the defendant company

A. The Plaintiff Company’s assertion to the Defendant Company, around August 28, 2017, prepared with the Defendant Company, to the end of discontinuance of construction according to the letter of waiver of construction (Evidence B No. 4).

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