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(영문) 서울중앙지방법원 2015.11.18 2014가합22036
공사대금
Text

1. The Defendant’s KRW 63,306,637 as well as 6% per annum from August 27, 2014 to November 18, 2015 to the Plaintiff.

Reasons

Basic Facts

The Defendant: (a) removed the existing house on the ground of Eunpyeong-gu Seoul Metropolitan Government (hereinafter referred to as “the instant building”) to newly construct an urban-type residential house (hereinafter referred to as “the instant new building”); (b) ordered the instant construction work to be executed on March 26, 2012 on the instant construction work; and (c) PeneND Co., Ltd. (hereinafter referred to as “YD”).

Extraordinary reported the commencement of construction works in the name of the plaintiff who had a construction business license on May 2012 without a construction business license, and continued the construction of this case.

On September 18, 2012, E, the actual representative of the Plaintiff, and E, the Plaintiff entered into an agreement with the Plaintiff on the construction cost of KRW 50,00,00 in total (excluding value-added tax) between the Plaintiff and E, the actual representative of the Plaintiff, but the Plaintiff entered into an agreement with the Plaintiff on the construction cost of KRW 50,00 (excluding value-added tax).

Plaintiff

In addition, E gave up the instant construction work at around October 2012, following the occurrence of conflicts due to the subject of the instant construction project and the payment of the construction cost, etc.

on May 31, 2013, E&D renounced the instant construction work. Accordingly, on August 7, 2013, the Plaintiff agreed with the Defendant to start and conclude the remainder of the instant construction work, and the Defendant paid the Plaintiff KRW 100,000,000 as the advance payment for the instant construction work.

The date of commencement: The date and method of advance payment of construction cost of KRW 300,00,00 (including value-added tax): The period and method of advance payment of KRW 100,000: Within 15 days after completion (approval for Use): the period under the State Promotion Act (Provided, That the period and the responsibility of the owner for the portion already constructed): the rate of liquidated damages for delay: 1/1,000 of the unpaid balance per day (the scope of a contract) (1/1,000 (the scope of a contract) (1) the Plaintiff shall complete the construction work in accordance with the design documents and specifications in accordance with the reported books.

Since it is a contract work, it is in the already reported book.

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