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(영문) 부산지방법원 2018.07.25 2017가합46048
공사대금
Text

1. The Defendant’s KRW 790,152,00 to the Plaintiffs and 6% per annum from May 24, 2017 to June 19, 2017.

Reasons

Facts of recognition

A. On January 2, 2017, D entered into a contract for construction works with the Defendant on the following terms:

1. Name of the construction: E (hereinafter “instant construction”);

2. Construction site: The F-Gun, Gyeongnam-gun, and five parcels (hereinafter referred to as the “instant land”).

3. Contract amount: 3.5 billion won (excluding surtax);

4. Construction period: January 16, 2017 to July 31, 2017

On March 2, 2017, the Plaintiffs entered into a provisional contract from D and G to purchase the instant land and buildings under construction on its ground, and D notified the Defendant thereof.

C. On March 9, 2017, the Plaintiffs changed the Defendant and the contractor of the instant construction to the Plaintiffs, but concluded a contract for construction works with the actual construction cost of KRW 2.7 billion.

(hereinafter “instant contract”). D.

Plaintiff

A purchased the instant land from D and G on March 23, 2017 and completed the registration of ownership transfer.

E. From March 3, 2017 to April 7, 2017, the Plaintiffs paid a total of KRW 1.32 billion to the Defendant as the construction price.

F. On April 2017, the Defendant suspended the instant construction work to a firstman.

G. On May 19, 2017, the Plaintiffs sent to the Defendant a written notification that the instant contract will be rescinded on the grounds of the Defendant’s nonperformance, and the said written notification reached the Defendant on May 23, 2017.

[Ground of recognition] Unsatisfy, each entry in Gap evidence 1 through 6 (including those with a satisfy number), and the purport of the whole pleadings

A. Advance payments given and received according to one construction contract determination as to the cause of the claim are part of the construction cost paid in relation to the entire construction project, not the payment in general with regard to specific skills.

Where a contract for work is terminated or terminated after the payment of advance payment, the unpaid amount of the contract for work shall be appropriated as advance payment and the contract price remains, except in extenuating circumstances.

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