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(영문) 서울중앙지방법원 2015.09.02 2014가합41716
공사대금
Text

1. The Defendant’s KRW 1,285,400,000 as well as 6% per annum from July 12, 201 to July 16, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. On February 25, 2009, the Plaintiff entered into a contract with the Defendant and E.S. (hereinafter “SA repair”) to undertake construction works for the construction of D Commercial Building (hereinafter “instant building”) on the ground of C at the time of Boan-si (hereinafter “instant building”) for EA repair, and the EA remodeling agreed to subcontract the remainder of the construction works (hereinafter “instant construction works”) excluding civil engineering works during the said construction to the Plaintiff. The main contents of the construction are as follows, and the construction contract (hereinafter “instant construction contract”).

The date of commencement: The contract amount for a month from the start date of March 11, 2009: The progress payment and the method of payment for the completion payment of KRW 3,953,400,00 (including value-added tax): It shall be paid with the sale price in lots, and it shall be paid directly to the plaintiff without going through the trust company or the defendant's remodeling for Esa.

[General Conditions of Construction Contract] Article 19 (Payment of Price) (2) The defendant shall pay the construction price to the plaintiff within two months after delivery of the object of the contract, unless otherwise stipulated.

[Matters of the special agreement] 13. The amount of the construction work shall be subject to the condition that the trust company and the defendant shall directly dispose of the plaintiff without undergoing the remodeling of SA.

(Financial interest, as well as sales fees, the terms and conditions of the highest payment of the construction cost.

On October 30, 2009, the Plaintiff obtained a loan (hereinafter “instant loan”) by setting the repayment period of KRW 1,500,000 from Korea Mutual Savings Bank Co., Ltd. (Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) to KRW 1,50,000,000 from October 30, 2010 (hereinafter “Korea Savings Bank”) at the rate of 12% per annum, interest rate of 12% per annum, and maximum delay rate of 24% per annum.

C. On May 11, 201, the Plaintiff completed the instant construction and obtained approval for the use of the instant building from the astronomical mayor, and around that time.

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