logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.29 2015가합574619
공사대금
Text

1. The Defendant’s KRW 341,559,908 and its related costs to the Plaintiff are 10.47% per annum from October 15, 2014 to September 29, 2016.

Reasons

Facts of recognition

The following facts may be acknowledged, either in dispute between the parties or in full view of the respective entries in Gap evidence 1 through 6, 7, 9 and Eul evidence 2 (including serial numbers, unless otherwise specified; hereinafter the same shall apply) and the whole purport of pleadings:

The defendant is a housing redevelopment project partnership that implemented a housing redevelopment project (hereinafter referred to as the "project in this case") in the 635-dong, Mapo-gu, Seoul. The plaintiff is selected as a contractor of the project in this case and entered into a construction contract with the defendant.

On February 2, 2008, the Plaintiff entered into a construction contract with the Defendant, and the Plaintiff newly constructed an apartment within the said project area, and the construction cost shall be calculated by multiplying the final total floor area authorized by the head of the competent Gu by the unit cost of construction of KRW 3.3 square meters per 3,656,000, by the unit cost of construction per 3.3 square meters, and the removal and remainder disposal cost was concluded with the construction contract with the content of KRW 243,980 per 3

On October 3, 2008, the above construction contract increased the unit cost of construction per 3,791,000 won per 3,791,000 square meters, but it changed the contents that the removal and remaining disposal cost should be included in the unit cost of construction.

(2) The Plaintiff completed the construction contract of the instant building (hereinafter referred to as “the instant construction contract”) on September 26, 2014. The Plaintiff completed the construction contract of the instant building (hereinafter referred to as “the instant construction contract”) on September 26, 2014.

The plaintiff agreed to make a final settlement of the unpaid construction cost and overdue interest payment amounting to KRW 1,694,257,375 in total, and the construction cost is the final settlement at the time of completion authorization.

On the other hand, the plaintiff and the defendant shall pay the construction price at the time of entering into the first construction contract of this case from the sales income, and if the payment of the construction price is delayed, the defendant shall pay the plaintiff overdue interest calculated by applying the overdue interest rate for each period of the partner's sales contract from the beginning of the following month

arrow