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(영문) 광주지방법원 2015.05.29 2014가합4615
매매대금
Text

1. The defendant shall pay 158,738,00 won to the plaintiff and 20% per annum from June 3, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. On March 13, 2013, the Korea Rural Community Corporation entered into a contract for construction works with the Korea Rural Community Corporation to perform civil construction works to improve the dam reservoir bank, and the Defendant entered into a subcontract with the packing part of the said construction works. On August 27, 2013, the Plaintiff entered into a contract with the Defendant for construction works to perform the construction works to perform the construction works to perform the construction works to perform the packing works. On August 27, 2013, the Plaintiff entered into a contract with the Defendant for the construction works to perform the construction works to cover KRW 237,435,00 (including value-added tax) and the construction period from August 27, 2013 to December 31, 2013.

B. The Defendant paid a part of the construction price to the Plaintiff KRW 78,697,00 as the construction price (i.e., KRW 18,697,00 as the payment on October 1, 2013) (i.e., KRW 60,000 as the payment on March 13, 2014), and the remainder of the unpaid construction price is KRW 158,738,00 (=237,435,000 - KRW 78,697,00).

[Ground for recognition] Unsatisfy

2. The parties' assertion

A. The Plaintiff’s assertion completed the instant construction project on February 2, 2014, and the Defendant shall pay the Plaintiff the payment for the construction cost of KRW 158,738,00 and the delay damages therefrom.

B. The Defendant’s assertion cannot be deemed to have completed the instant construction project because there are a number of unconstruction parts different from the design drawings.

Therefore, the Defendant is not obliged to pay the remainder of the construction cost to the Plaintiff until the Plaintiff completes the instant construction work.

3. In full view of the following facts and circumstances admitted by the evidence below, the Plaintiff completed the instant construction before April 30, 2014, and thus, accepted the Plaintiff’s assertion.

On March 28, 2014, the Plaintiff sent a peremptory notice demanding payment of the unpaid construction cost of KRW 158,738,000 due to the completion of the instant construction work to the Defendant (Evidence A 2-1, 5). Accordingly, on March 31, 2014, the part which was not executed during the instant construction and the part which was defective.

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