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(영문) 대전지방법원서산지원 2013.12.10 2012가단9760
공사대금
Text

1. The Defendant: (a) KRW 20,120,855 for the Plaintiff and KRW 5% per annum from June 28, 2012 to December 10, 2013; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On April 20, 2010, with respect to the studio construction work between the Defendant and Seosan City C and D above ground, the construction period from April 26, 2010 to the same year.

7. 30.30. The total amount of the construction work was 360,000,000 won (in the case of advance payment of KRW 3,00,000,000) and 10% after the completion of the civil engineering work after the construction work, and the first intermediate payment was paid by 25% after the completion of the foundation work, and the second intermediate payment was paid by 25% after the completion of the foundation work, and the second intermediate payment was paid by 25% after the completion of the foundation work, and the remainder will be paid by 40% after the completion of the foundation work at the first floor after the completion of the construction work) and the rate of liquidated damages was set at 0.1% (hereinafter referred to

B. The Plaintiff suspended construction without completion of construction work, only a part of the instant construction work.

B. The Defendant filed a lawsuit against the Plaintiff claiming payment of KRW 34,560,000 for delay on the ground of the Plaintiff’s delay in construction in the instant case, with the Daejeon District Court Branch of Daejeon District Court 2010dan13413, and the conciliation was concluded with the effect that the Plaintiff pays KRW 14,00,000 to the Defendant from the Daejeon District Court 201Na18251, which is the appellate court.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 and 3, the purport of the whole pleadings

2. Judgment on the ground of the Plaintiff’s claim

A. Comprehensively taking account of the overall purport of the arguments as a result of the appraiser E’s appraisal of the claim for construction cost of KRW 22,886,746, the Plaintiff may each recognize the fact that the Plaintiff executed removal of existing buildings, bamboo trees, site suspension construction in relation to the instant construction contract, and the construction cost of the existing building is 8,174,917,917, and 7,374,412, and 4,571,526, totaling KRW 20,120,855 ( = 8,174,917, KRW 7,374,412, KRW 471,526).

Therefore, the defendant is obligated to pay to the plaintiff KRW 20,120,855 and damages for delay.

The defendant's other expenses, general management expenses, profits, and value-added taxes among the construction cost details determined by the appraiser.

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