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(영문) 수원지방법원여주지원 2014.08.28 2013가합866
공사대금
Text

1. Defendant B’s KRW 99,047,180 as well as annual 6% from March 22, 2014 to August 28, 2014, respectively, to the Plaintiff.

Reasons

1. Determination as to the claim against the defendant B

A. The gist of the parties’ assertion 1) On September 13, 2012, the Plaintiff constructed a new neighborhood living facility on the ground D innju City owned by the Plaintiff on September 13, 2012 (hereinafter “instant construction”).

A) The construction period of construction is fixed as KRW 15,00,000 (hereinafter “instant contract”) from September 13, 2012 to December 31, 2012; and the construction cost is fixed as KRW 155,00,000 (hereinafter “instant contract”).

A) Around that time, Defendant B paid a sum of KRW 120 million to Defendant B. However, as Defendant B did not properly perform the construction work under the instant contract, the said contract was rescinded on March 16, 2013 in accordance with the Plaintiff’s notice of cancellation. Therefore, Defendant B did not have any obligation to pay the Plaintiff a sum of KRW 12,400,000,000,000,000 and KRW 11,041,140,000,000,000,000, and KRW 12,287,580,000,000, which was paid to the Plaintiff. Accordingly, Defendant B did not have any obligation to pay damages for delay with the Plaintiff during the instant contract. Defendant B did not have any obligation to pay the Plaintiff a total of KRW 12,580,00,00,000 to the Plaintiff.

B. (1) On September 13, 2012, the Plaintiff entered into the instant contract with Defendant B on September 13, 2012, and drafted a standard contract for construction works (Evidence A; hereinafter “instant contract”). The main contents of the instant contract are as follows.

The construction period: the contract amount of September 13, 2012, completed 2012 (the “month,” not stated: 155,000,000 won: the time and method of paying the progress payment of KRW 50 million - the time and method of paying the progress payment of KRW 70,000,000;

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