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(영문) 대구지방법원 서부지원 2018.12.20 2017가합50472
공사대금
Text

1. The Defendant’s KRW 54,760,00 for the Plaintiff and 5% per annum from September 22, 2017 to October 25, 2018.

Reasons

1. Basic facts

A. The Plaintiff is a company with the objective of indoor construction business, etc., and the Defendant is the owner of the third floor building on the ground C at port (hereinafter “instant building”).

B. 1) The Defendant entered into the instant construction contract with D’s representative director D) on May 11, 2016, as the remodeling construction of the instant building (hereinafter “instant construction”) to D on May 11, 2016.

(2) The Defendant: (a) requested D to modify some of the terms and conditions of the construction contract to obtain tourism promotion fund loans; (b) on May 23, 2016, the contractor of the said construction contract changed from D to the Plaintiff; and (c) on June 2, 2016, the contract amount of KRW 30 million was KRW 230,000 (10,000 won for the intermediate payment, KRW 130,000,000,000 for the intermediate payment, June 2, 2016, and KRW 70,000,000,000 for the construction contract ( separate from June 30, 2016, KRW 35,000,000 for the construction contract amount) and KRW 30,000,000,000 for each of the construction contracts.

(C) Under the instant construction contract, the Defendant paid the Plaintiff KRW 5 million on May 11, 2016 and KRW 7 million on May 20, 2016, respectively, as the cost of removal under the instant construction contract, and paid the down payment of KRW 100 million on June 3, 2016.

C. On June 27, 2016, the Defendant: (a) resisted the Plaintiff with respect to the materials and defects of the instant construction; (b) accordingly, the Plaintiff suspended the instant construction; and (c) agreed that the construction cost will be settled later, depending on the weather rate.

On August 20, 2016, the Defendant made a contract for the instant construction work interrupted to E Co., Ltd. and completed the said construction work.

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