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(영문) 대전지방법원홍성지원 2020.06.19 2018가단9753
공사대금
Text

1. The defendant shall pay to the plaintiff KRW 128,053,200 as well as to the plaintiff from January 10, 2019 to June 19, 2020.

Reasons

1. Facts of recognition;

A. On April 21, 2018, the Plaintiff entered into a contract with the Defendant for the construction of aggregate construction cost of C, D ground church buildings (e.g., dividend, education center, and company houses), the total construction cost of KRW 4.2 billion; the total construction cost of KRW 1/100; the construction period from May 21, 2018 to August 31, 2018; the payment method of KRW 105,00,000; the payment method of KRW 84,00,000; the education officer; the first floor of KRW 84,00,000; the education officer; the second floor of the second floor; and the second floor of the second floor at the completion of the second floor; the construction contract of KRW 42,00,000; the total construction cost of KRW 42,00,000; the removal of aggregate materials; and the total construction cost of KRW 400,00,000,00.

B. Since June 8, 2018, the Plaintiff and the Defendant decided to make an additional studio in an education center, and the Plaintiff paid 20 million won to the Defendant in addition to the above construction cost.

C. On May 23, 2018, the Plaintiff paid a down payment of KRW 105,00,000 to the Defendant, and paid the construction cost of KRW 219,00,000,000 on June 8, 2018 (in addition to the fee) and July 5, 2018, KRW 84,000,000 on October 11, 2018.

C. As a result of construction supervision on July 2, 2018, the supervisor E notified that there is a problem in the structure of the building, such as where steel bars are omitted from the first floor construction of the education center, and suspended the Defendant’s construction.

On July 31, 2018, the Plaintiff and the Defendant held a meeting with the designer of the F Research Institute and discussed the structural reinforcement of the instant construction. As a result of the discussion, the Defendant decided to walk the slab bars and a short heat, improve the retaining wall at a height of 600 meters, and resume the construction on August 13, 2018 by replacing the site manager.

E. The Plaintiff and the Defendant, while strengthening the structure of construction on September 11, 2018, incurred additional costs of KRW 20 million. Among them, the Plaintiff shall bear KRW 10 million. Of them, the Defendant shall terminate the structural construction by November 30, 2018. However, the rate of liquidated damages was 1/100 of the total construction cost.

F. The Plaintiff and the Defendant on October 1, 2018.

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