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(영문) 부산지방법원 2017.07.12 2016가합41633
공사대금
Text

1. The Defendant’s KRW 8,351,462 to the Plaintiff and KRW 6% per annum from September 11, 2013 to July 12, 2017.

Reasons

1. Basic facts

A. The plaintiff is a company that operates indoor construction business, and the defendant is a company that runs the housing construction business.

B. On December 23, 201, the Plaintiff entered into a contract with the Defendant to accept a subcontract by setting the period of work from December 23, 201 to February 20, 2012, among the terms and conditions of the said contract (hereinafter “instant termination contract”) as KRW 242,00,000 of the construction cost (including value-added tax) and from December 23, 2011 to February 20, 2012. On February 19, 2012, the Plaintiff again entered into a contract to change the construction period from December 23, 201 to March 31, 2012 (hereinafter “instant termination contract”).

C. On August 29, 2012, the Plaintiff completed the interior works (hereinafter “the instant interior works”) from the Defendant under a subcontract with the Defendant and completed the relevant interior works (hereinafter “the instant interior works”). On August 29, 2012, the Plaintiff drafted a contract under which the construction amount is KRW 171,00,000 (including value-added tax) (hereinafter “instant interior works contract”) retroactively as of May 1, 2012.

On June 21, 2012, the Plaintiff entered into a contract with the Defendant to receive the payment of construction cost of KRW 1,601,396,925 (including value-added tax), the construction period from June 21, 2012 to April 30, 2013, and the payment of compensation for delay at KRW 0.2% per day. On May 30, 2013, the Plaintiff entered into a new contract that changes the construction period from June 21, 2012 to June 30, 2013 (hereinafter referred to as “instant contract for interior works”).

After that, the Plaintiff completed the interior construction of the instant case on or around September 10, 2013.

E. The Defendant paid to the Plaintiff KRW 171,00,000 as the construction cost under the instant interior construction contract, and KRW 1,585,516,423 as the construction cost under the instant interior construction contract.

[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 2, 5, and 7 include each number.

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