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(영문) 인천지방법원부천지원 2020.02.05 2018가합102552
공사대금
Text

1. The Defendant’s KRW 289,647,725 as well as the Plaintiff’s annual rate from June 1, 2018 to February 5, 2020, and the following.

Reasons

1. Basic facts

A. The Plaintiff is a company that aims at the construction business, etc., and the Defendant is a company that aims at accommodation business, etc.

B. On November 17, 2016, the Plaintiff entered into a contract with the Defendant to newly construct D hotel (hereinafter “instant building”) at KRW 1,257,300,000 (including value-added tax; hereinafter the same shall apply) (hereinafter “instant contract”).

C. Specific contents of the instant contract are as follows.

The construction period: The contract amount on November 17, 2016, completed on March 31, 2017 (Provided, That it shall be notified in writing after the selection of this construction work and confirmed final: 1,257,30,000 won for down payment (10% of the contract amount), the intermediate payment of KRW 880,730,000 after the issuance of contract bonds, the remainder payment of KRW 251,460,000 for the last day of each month (20% of the contract amount), the remainder payment of KRW 30 days after the completion of the examination of steel framed, and the last payment of KRW 10% for each month within 60 days after the completion of the inspection of the completion of the construction of steel framed, shall be applied for the amount of progress payment on the 20th day of each month according to the construction progress payment of each month.

D. The instant building was approved for use around November 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 8 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) Although the construction work in this case was completed, the Defendant paid only KRW 1,014,300,000 from November 17, 2016 to March 30, 2018, and did not pay KRW 243,00,00 (= KRW 1,257,30,000- KRW 1,014,300- KRW 1,014,000). However, as the Plaintiff and the Defendant excluded part of the construction work in this case from those subject to construction, the Plaintiff did not pay the remainder of KRW 146,20,000 (=243,000,000 - KRW 96,800,000).

Meanwhile, the Plaintiff made an additional construction work equivalent to KRW 152,495,492.

Therefore, the defendant shall make a total sum of the construction cost to the plaintiff 298,695.

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