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(영문) 서울북부지방법원 2021.02.05 2018가단24995
공사대금
Text

1. The Defendant’s KRW 5,657,131 as well as its related KRW 6% per annum from January 23, 2019 to February 5, 2021, and the next day.

Reasons

1. Facts of recognition;

A. On July 4, 2013, the Defendant entered into a contract for construction work with Seongbuk-gu Seoul and one parcel of ground officetels construction work (hereinafter “instant construction work”) at the contract price of KRW 3,650,00,000 (a separate value-added tax) and 15 months after approving the commencement of construction period by the competent authority.

B. When public photographs were difficult due to C’s financial difficulties during the construction process, the Defendant agreed upon the discontinuance of construction with C and the Plaintiff on February 2014 and agreed on the settlement of accounts. The main contents are as follows.

Meanwhile, on the other hand, C’s report submitted to the Plaintiff on December 30, 2013, stating “31,025,000 won for instrumentation.”

Defendant and C agree to rescind the contract made on July 4, 2013.

As the status of contractor of the instant construction project, the Plaintiff shall pay C the settlement amount in the statement of settlement withdrawn on December 30, 2013 by C to C on behalf of the Defendant.

On behalf of the defendant, the Corporation settlement funds that the plaintiff will pay to C is agreed to be KRW 165,00,000.

(c)

On February 4, 2014, the Defendant entered into a new contract for construction work (hereinafter “instant contract for construction work”) with the Plaintiff on April 30, 2015, setting the contract amount of the instant construction work as KRW 3,750,000,000 ( separate value-added tax), and on April 30, 2015, respectively.

In addition, the Plaintiff and the Defendant agreed to bear additional costs of KRW 89,338,00, value added tax of KRW 195,05,703, and additional charges of KRW 87,14,048 under the purchase tax name.

Ultimately, the total construction cost to be borne by the Defendant under the instant construction contract is KRW 4,121,50,751 (= KRW 3,750,000,000, KRW 89,338,000, KRW 195,05,703, KRW 87,114,048).

(d)

The Plaintiff completed the instant construction work, and received a total of KRW 4,114,717,620 from February 4, 2014 to December 30, 2015 as the construction price of the instant case.

E. Meanwhile, the defendant is a stock company E due to the defect that occurred in the plaintiff's construction part.

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