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(영문) 청주지방법원충주지원 2015.01.15 2013가합1976
공사대금
Text

1. The Defendant: KRW 64,141,33 of the Plaintiff, and KRW 5% per annum from November 16, 2013 to January 15, 2015.

Reasons

1. Basic facts

A. On August 1, 2013, the Plaintiff received a contract from the Defendant during the period from August 1, 2013 to September 30, 2013, by setting the construction cost of KRW 129,600,00 for the removal of central heating equipment in Chungcheong B apartment (hereinafter “instant apartment”) and the construction period of KRW 129,60,00 for the removal of central heating equipment.

(hereinafter referred to as “instant contract”). B.

The Plaintiff deposited KRW 16,00,000,000 on August 19, 2013, and KRW 10,000 on August 21, 2013 as the contract performance guarantee under the instant contract, into the joint account of the Plaintiff and the Defendant.

C. The Plaintiff sold scrap metal, etc. (former 4,972km, new stocks 160km, 1,800km, etc.) from September 12, 2013 to September 28, 2013 without the Defendant’s consent to sell KRW 38,440,00 from September 28, 2013.

On September 30, 2013, the Plaintiff entered into a contract with the Defendant under the same terms and conditions as the instant contract (hereinafter referred to as the “instant additional contract”) except for the addition of the following: (a) the contractor is the Mining Construction Co., Ltd. (hereinafter referred to as “Mining Construction”); and (b) the termination date of the construction under the instant contract is November 30, 2013; and (c) “the disposal of scrap metal is to be sold at the highest price on the side of the instant apartment.”

E. On October 31, 2013, the Defendant sent to the Plaintiff a certificate of content that “the Plaintiff disposed of the scrap metal from the process of the removal works without the Defendant’s consent, and thus cancelled the instant contract and confiscated the performance bond.” On November 5, 2013, the Defendant sent to the Plaintiff a certificate of content that “the Plaintiff paid the performance bond to the Plaintiff later than the date stipulated in the instant contract, and ② the Plaintiff disposed of the scrap metal from the process of the removal works without the Defendant’s consent and breached the instant contract.”

F. The defendant is in the position to keep the scrap metal coming from the time the plaintiff performed removal works under the contract of this case for the defendant.

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