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Reasons
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(영문) 수원지방법원 2016.01.21 2013가합25128
추심금
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1. The Defendant’s KRW 132,943,688 as well as the Plaintiff’s KRW 20% per annum from October 22, 2013 to September 30, 2015.

Reasons

1. Basic facts

A. On January 4, 2012, Ho Chang-gu Co., Ltd. (hereinafter “ Ho Chang-riz”) concluded a construction contract with the Defendant for construction cost of KRW 7.5 billion (excluding value-added tax) and the construction period of construction from January 20, 2012 to July 30, 2012 for the construction of automobile sales-related facilities (hereinafter the “instant construction contract,” and the said contract concluded the instant construction contract.

B. Hogman’s Republic of Korea continued the instant construction project under the instant construction contract, but failed to complete the construction by July 30, 2012. Accordingly, the Defendant, on March 26, 2013, extended the period of completion and the remaining construction cost for the remaining portion of the construction until then on May 30, 2013, prepared a letter of commitment with the agreement to complete the responsibility of Hogman’s Republic of Korea. Thereafter, on May 13, 2013, the Defendant extended the period of completion to June 7, 2013, and concluded an agreement to waive the lien and the construction cost and to waive the instant construction work.

C. Notwithstanding the foregoing agreement, the construction of the instant case was completed on August 12, 2013, and the Defendant, on August 12, 2013, concluded a settlement of the construction amount including the following (hereinafter “instant settlement statement,” and the settlement pursuant to the said settlement statement, with a view to settling the construction cost under the instant construction contract at KRW 8.3 billion (excluding value-added tax).

1. The name of the construction work: the construction work of newly constructing facilities related to motor vehicle B in Yeongdeungpo-gu;

2. The place of construction: The construction site B in Sogjin-gu; and

3. Period: From January 20, 2012 to July 30, 2012;

4. Contract amount: Value-added tax of KRW 8.25 billion: KRW 7.5 billion: KRW 750 million.

5. Guarantee for performance of contract: A letter of responsibility completion.

6. Defect warranty period: the defendant for two years after completion.

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