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(영문) 수원지방법원성남지원 2014.01.07 2012가합12265
공사대금
Text

1. The Defendant’s KRW 236,50,000 and the Plaintiff’s annual rate of KRW 5% from January 8, 2013 to January 7, 2014.

Reasons

1. Basic facts

A. On June 4, 2010, the Plaintiff was awarded a subcontract from the Defendant for civil and soil-related installation work (hereinafter “instant construction work”) among the installation work of the 847-7 East-gu Gabstong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City 847-7 East-gu Gabstong-gu, Seoul Special Metropolitan City (hereinafter “instant construction”).

B. The Plaintiff completed the instant construction work on October 15, 2010, but the Defendant did not pay any balance of KRW 170,500,000 (including value-added tax) out of the agreed construction cost, and the Plaintiff did not dismantle the Esn beam beam (H-Be) and the round trial installed at the instant construction site.

C. Around March 2011, the Plaintiff and the Defendant agreed to pay KRW 66 million (including value-added tax) to the Plaintiff when the Plaintiff completes the dissolution work of the above H-Bam and the h-Bam, and the Plaintiff completed the said work around March 20, 201.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, 3, Gap evidence 2-2 and 3-3, and the purport of the whole pleadings

2. Determination on the cause of the claim

A. According to the above facts, the Defendant is obligated to pay to the Plaintiff KRW 170,50,000 (including value-added tax) and KRW 236,50,000 (including value-added tax) totaled of KRW 66,50,000 (including value-added tax) of the construction cost agreed on the dissolution work of H-Bam and re-trial trials among the construction cost of this case and KRW 236,50,000, and damages for delay at each rate of 20% per annum as stipulated by the Civil Act from January 8, 2013 to January 7, 2014, where it is deemed reasonable for the Defendant to dispute about the existence and scope of the obligation to perform the claim of this case from January 8, 2013 to January 7, 2014.

B. Furthermore, despite the Plaintiff’s completion of the instant construction on October 15, 2010, the Plaintiff rendered a backline (H-Beam) and a back trial established by the Plaintiff as the Plaintiff delayed construction due to the Defendant’s fault.

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