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(영문) 창원지방법원진주지원 2017.10.19 2015가단12037
정산금 등
Text

1. The defendant shall pay 12,690,000 won to the plaintiff and 15% per annum from April 15, 2017 to the day of full payment.

Reasons

1. Facts of recognition;

A. On February 5, 2015, the Defendant received contracts from the Plaintiff during the period from February 5, 2015 to February 30, 2015, for the reconstruction of the first floor and the second floor extension works of the building in Busan-gu (hereinafter “instant construction works”); the construction cost of KRW 70,00,000 (excluding value-added tax); and the construction period from February 5, 2015 to April 30, 2015.

(hereinafter “instant contract”). (b)

On February 5, 2015, the Plaintiff concluded the instant contract, and paid KRW 20,000,000 to the Defendant as advance payment, and thereafter paid KRW 20,000,000 on March 2, 2015, and KRW 20,000 on June 19, 2015.

C. After the conclusion of the instant contract, the Plaintiff obtained permission to increase the expansion area of the instant construction, and the instant construction area was increased and the design was modified around June 2015.

In accordance with the design change, expansion, expansion, etc. of the instant construction project, the Defendant demanded the increase of the construction price, and suspended the construction from September 25, 2015.

On October 7, 2015, the Plaintiff demanded the Defendant to resume the instant construction work by October 12, 2015, but the Defendant did not comply therewith.

On October 20, 2015, the Plaintiff sent to the Defendant a content-certified mail stating that the Defendant would not resume the instant construction by October 12, 2015, and thus terminate the instant contract. The Defendant received the content-certified mail.

E. By September 25, 2015, the Defendant carried out, among the instant construction works, the removal of red stones from the outside of the first floor, the removal of the inside of the first floor, the installation of the sloping beam, the installation of the sloping beam, the second round of the second floor and the sculpture construction. The ordinary transaction price of the construction works executed by the Defendant is KRW 37,310,000.

[Ground of recognition] Unsatisfy, Gap 1-4 evidence, Eul 4 evidence, construction cost appraisal result (including attached drawings), the purport of the whole pleadings

2. Determination

A. The conflict between the offer of a contract and the acceptance of a contract is generally formed in order to cancel an implied agreement upon the rescission of the instant contract, as in the case of the formation of a contract.

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