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(영문) 서울중앙지방법원 2011.05.11 2008가합130554
공사대금
Text

1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.

2. The plaintiff (Counterclaim defendant) shall be the defendant (Counterclaim plaintiff) on 297,676.

Reasons

1. Basic facts

A. On August 9, 2005, the Plaintiff entered into a contract for construction works with the Defendant for the construction of the office building (hereinafter “instant building”) to be constructed on the land outside Seocho-gu Seoul and the seven lots (hereinafter “instant construction”) (hereinafter “instant construction”). The main contents are as follows.

Construction period: From September 1, 2005 to December 30, 2007 (from the starting date to December 28, 2007), the construction contract amount: 28.38 billion won (including value-added tax): Payment within five days after the completion of the weather test for each three months, and overdue interest 10% (Article 16.5 and (6) of the General Conditions of the Contract): Payment within three months after completion of the completion inspection, overdue interest 10% (Article 23.6 and (7) of the General Conditions of the Contract) for delay: 1/1000 per day on the contract amount per each three months:

B. On February 21, 2008, the Plaintiff and the Defendant drafted a written agreement concerning the instant construction project (Evidence A (hereinafter referred to as “instant agreement”) with the Plaintiff and the Defendant, and the main contents thereof are as follows.

1. Of the construction cost of KRW 28.38 billion (including value-added tax) paid by the Defendant on behalf of the Plaintiff pursuant to the construction contract signed by the Defendant and the Plaintiff on August 9, 2005, the construction cost of KRW 1.4 billion (including value-added tax) shall be reduced, and the Plaintiff’s additional construction cost of KRW 1.2 billion (including value-added tax) shall be increased and the total construction cost of KRW 28.18 billion (including value-added tax) shall be adjusted to KRW 28.18 billion (including value-added tax).

Provided, That the increase or decrease of the construction cost shall be settled at the time of the payment of completion.

2. The overdue interest in the construction cost of KRW 5.1815 million (including value-added tax) paid by the Defendant among the accrued construction cost of eight and nine and nine and the overdue interest in the construction cost of KRW 5.1815 million (including value-added tax) shall be paid to the Plaintiff within 45 days from the date of approval for use, and the completed interest shall be paid within 90 days from the date of approval for use.

provided, however, that the defendant is the same.

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