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(영문) 서울중앙지방법원 2018.10.23 2017가단5142410
공사대금
Text

1. The Defendant shall pay to the Plaintiff KRW 20,129,271, and KRW 5,982,169, whichever is applicable, from February 1, 2018 to the day of full payment.

Reasons

1. Under the underlying facts, the following facts do not conflict between the parties, or may be acknowledged by comprehensively considering the overall purport of the pleadings in each entry in Gap evidence Nos. 1-4.

The Plaintiff is the contractor of the Seongbuk-gu Seoul Metropolitan Government Multi-household Construction Project (hereinafter referred to as the “instant building”) and the Defendant is the contractor and the contractor.

B. On September 7, 2015, the Defendant entered into a contract between the Plaintiff and the Plaintiff for construction cost of KRW 2.1 billion with respect to the instant construction work, and from October 1, 2015 to April 30, 2016, and entered into the following special agreements with respect to the payment of construction cost:

(hereinafter “Initial Contract”). 2. Payment method and time of the construction cost

(a) The construction cost shall be used as a loan to a financial institution as collateral for new land, and the interest on the loan of KRW 900 million for existing loans shall be paid by the project owner and paid by the contractor as the construction cost.

(b) The interest rate on a loan of KRW 900 million shall be settled in lieu of the owner during the construction period and shall be settled by the contractor on a preferential basis after completion.

C. Considering that most of the construction costs are appropriated as deposit, the deposit for the lease of a building incurred during the construction project shall be used first to recover the construction cost, and the lease of a lease after completion of the construction project may be used at will by the owner only for the remaining generations after full repayment of the construction cost and other debts.

(e)the time limit for the payment of the construction cost shall be within two months after the approval for the use of the building, but if the payment is delayed, the second-half interest per month shall be added.

C. On June 10, 2016, the Defendant entered into a revised contract to increase the construction cost to KRW 80 million on August 31, 2016, and the construction cost payment to KRW 80 million, and changed the payment period to KRW 3 months after approval for use.

The defendant shall be floor of a living room on August 26, 2016.

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