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(영문) 서울중앙지방법원 2015.01.08 2012가단5031133
공사대금
Text

1. Of the principal lawsuit of this case, the part on the claim for the payment of 14,696,165 won and damages for delay shall be dismissed.

2...

Reasons

1. Basic facts

A. On July 4, 201, the Plaintiff entered into a contract with the Defendant for the instant construction project, including the contract amount of KRW 231,00,000 (including value-added tax), the construction period from July 4, 201 to July 31, 201, and the construction period of KRW 1,00,000 (including value-added tax) with respect to the instant construction project located in Nam-gu B (hereinafter “instant construction project”), including the following general terms and conditions of the construction contract. The construction cost is KRW 60 million in advance, the first intermediate payment, and the remainder at the time of completion of the construction project.

Article 11 (Extension of Construction Period) (1) of the General Conditions for the Contract for Construction Works (Extension of Construction Work Period) “A (the Defendant refers to the Defendant; hereinafter the same shall apply)” may request “A” to extend the construction period where the execution of construction is delayed due to reasons not attributable to “B (the Plaintiff; hereinafter the same shall apply),” such as design alteration, material alteration, delay in the payment of construction costs, etc. or natural disasters, force majeure, etc.

Article 19 (Payment of Price) (2) “A” shall pay the construction price at the same time as the delivery of the object of the contract, unless otherwise stipulated.

(3) Where the payment of the price is not made by the due date, "A" shall include the interest calculated by applying the overdue interest rate of 20% per annum to the number of days from the day following the due date of payment to the date of payment.

B. Around July 31, 2011, the Plaintiff completed the instant construction and delivered the object to the Defendant on or around August 1, 2011.

C. The Defendant paid the Plaintiff KRW 189 million as the construction cost of the instant case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 2 and 7, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff's construction price of this case is KRW 42 million ( KRW 231 million - KRW 189 million) and interest in arrears pursuant to Article 19 (2) and (3) of the contract of this case 5.

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