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(영문) 청주지방법원 2017.04.27 2016가합384
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 428,560,000 and the interest rate of KRW 15% per annum from April 22, 2016 to the date of full payment.

Reasons

1. Basic facts

A. On November 1, 2014, the Plaintiff was awarded a subcontract for the construction of the PC(s) structure (hereinafter “PC”) (hereinafter “instant construction”) from among the new construction works of “Banan logistics warehouse” ordered by the Defendant Co., Ltd. (hereinafter “A”) as KRW 593,560,000 (including value-added tax) during the construction period from November 1, 2014 to December 15, 2014; and the construction cost of KRW 593,560,000 (including value-added tax).

(hereinafter “instant contract”). (b)

As to the payment method of the instant construction cost, the Plaintiff and the Defendant agreed to pay 30% of the price to the Defendant once every month for three months, and the remaining 10% of the price shall be paid after completion. On the other hand, the Plaintiff agreed to the effect that “the Plaintiff shall submit the examination marks of the product to be supplied to the Defendant before execution, and immediately after the receipt of the product, subject to inspection and approval by the Defendant.”

C. On November 2014, the Plaintiff manufactured and installed the first floor PC structure at the construction site of the said logistics warehouse in accordance with the instant contract. On December 10, 2014, the Defendant paid KRW 165 million to the Plaintiff as the construction cost.

On December 22, 2014, the Ansan market revoked a building permit for the construction of the logistics warehouse, and ordered the defendant to suspend the construction of the new building and remove the building.

E. Accordingly, on February 3, 2015, the Plaintiff and the Defendant entered into a modified contract with the following: (a) extended the term of completion of the instant contract until April 30, 2015; and (b) in relation to the payment of the construction cost, 90% of the construction cost remaining after deducting the outstanding payment of KRW 165 million from the remainder of the construction cost that was already paid, shall be paid as the progress payment each month according to the construction performance; and (c) the remainder of 10% shall be paid after completion

[Reasons for Recognition] Facts without any dispute, entry of Gap's 2, 6, and 8, Gap's 10 video, and the purport of whole pleading

2. Determination as to the cause of action

A. The summary of the parties' arguments is that the plaintiff's PC structure is the above logistics warehouse.

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