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(영문) 서울중앙지방법원 2015.08.20 2013가단5021393
공사대금
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 2012, the Plaintiff entered into a contract with the Defendants for the new construction of multi-household housing located in Gwanak-gu in Seoul Special Metropolitan City by entering into a contract with the Defendants on September 22, 2012 by changing the construction contract with the following contents:

(hereinafter “instant construction contract”). The name of the construction project: The period of construction of new D-built construction works: August 16, 2012; the contract amount on December 15, 2012: 320,000,000 won (including value-added tax): Two years;

B. On August 16, 2012, the Plaintiff commenced the instant construction project and suspended the construction project on or around December 13, 2012. The Defendants notified the Plaintiff that the instant construction contract was rescinded on or around January 28, 2013.

C. After doing so, the Defendants completed the instant construction work by granting a contract to an individual company for each type of work, and undergo a completion inspection on March 11, 2013 regarding the instant housing, and obtained approval for use on March 14, 2013.

Meanwhile, the amount paid by the Defendants to the Plaintiff as construction cost under the instant construction contract is KRW 197,00,000 in total.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3-1, Eul evidence 3-2, Eul evidence 3-4, the purport of the whole pleadings

2. The Plaintiff’s assertion asserts that the construction work in this case commenced and completed a fair 88%. The amount claimed by the Plaintiff is somewhat different from the amount claimed as KRW 84,60,000 if the Plaintiff deducts the construction cost of KRW 197,00,000 from the construction cost of KRW 281,60,000 corresponding to the fair construction cost, which is the remainder after deducting the construction cost already received from the construction cost corresponding to the fair construction rate of 88%.

payment shall be sought by the Corporation.

3. With respect to a construction contract for construction works, even if the contract has been rescinded and completed during the construction work, if the construction work has been considerably advanced, causing significant social and economic loss to its original state, and the completed part becomes a benefit to the contractor.

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