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(영문) 서울동부지방법원 2020.10.30 2016가합101035
공사대금
Text

The defendant shall pay to the plaintiff KRW 1,030,820,658 as well as 6% per annum from April 6, 2016 to August 21, 2020 and thereafter.

Reasons

1. Facts of recognition;

A. On April 21, 2014, the Plaintiff concluded with the Defendant a construction contract (hereinafter “instant construction contract”) with a contract for construction of D film theaters on the land outside Seosan-si and five parcels of land (hereinafter “instant construction contract”) with the Defendant, setting the contract amount of KRW 11.41 billion (including value-added tax; hereinafter the same shall apply), the contract amount of KRW 11.41 billion (including value-added tax; hereinafter the same shall apply) on April 27, 2015 on the date of completion, and the delayed rate of delayed delay at KRW 1/1,000 (hereinafter the “instant construction contract”), and agreed to receive the contract amount as stipulated in the construction contract agreement (hereinafter the “instant special agreement”) attached to the instant construction contract without paying the down payment or advance payment.

B. Of the instant special agreement, the main contents pertaining to the instant case are as follows.

Article 6 (Payment of Construction Costs) (1) Methods of paying construction cost shall be paid in the first way prior to the following cases:

The method of paying construction expenses with additional loans from the defendant's assets as security;

(b) Payment of the construction cost by loans from the Credit Guarantee Fund;

(c) Method of paying construction expenses with the proceeds of sale in general (Provided, That the proceeds of sale shall be paid through mutual consultation);

(d) The above-mentioned plan to pay the construction cost must be determined within 60 days after the commencement of the construction project, and if the financing is not determined within 60 days, it will be settled through mutual consultation.

(2) The payment of construction cost shall be made after the approval by the defendant according to the construction progress ratio.

(Provided, That in the following cases, the defendant may rescind all or part of the contract:

Where construction has been suspended for at least seven days during the construction period without any justifiable ground of the plaintiff

(b) Where it is evident that the construction is not likely to be completed within the completion date due to the Plaintiff’s responsible reasons.

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