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(영문) 서울중앙지방법원 2016.11.25 2015가합501031
공사대금
Text

1. As to KRW 97,00,000 and KRW 17,560,00 among them, the Defendant shall pay to the Plaintiff the year from February 14, 2016 to November 25, 2016.

Reasons

1. The parties' assertion

A. (1) On October 1, 2013, the Plaintiff newly constructed a Defendant’s factory (including a factory operation, office operation, and company building) on the ground of the wife population C from the Defendant on the ground of the wife population C (hereinafter “instant factory”) and “the instant construction”.

(1) A construction period is ① from October 1, 2013 to December 31, 2013; ② the construction cost is KRW 878,000,000 (in the amount, including value-added tax, KRW 30% thereof shall be paid at the time of entering into a contract; KRW 50% shall be paid during the construction; and the remainder shall be paid within 30 days after completion.

(1) The contract was entered into as the contract (hereinafter referred to as the “instant contract”).

(2) The Plaintiff completed the instant construction project, and the design modification or additional construction contract was concluded on several occasions during the instant construction project.

The date of approval for use of the factory of this case is February 13, 2014.

3) However, the Defendant paid only KRW 781,00,000 to the Plaintiff. Accordingly, the Defendant is obligated to pay to the Plaintiff the remainder of the construction cost of this case (i.e., KRW 878,000,000 in - KRW 781,000 in - KRW 781,000 in -) and damages for delay calculated from March 16, 2014, which is the day following the expiration of 30 days from the date of approval for use of the factory of this case, which is the payment deadline. In addition, at the time of the conclusion of the instant contract, the Defendant calculated the construction cost and subsequently calculated the construction cost in the event of a design change or an additional construction contract during the instant construction.

The details of the additional construction works executed by the Plaintiff are as stated in the construction name and content column of the attached sheet of the Additional Construction Works. The construction expenses are totaling KRW 282,868,237, such as the amount column. The Defendant paid KRW 75,500,000 as stated in the non-high column.

Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of additional construction costs (=282,868,237 won - 75,500,000 won) and damages for delay calculated from the day following the date of delivery of a copy of the complaint in this case.

B. The Defendant’s assertion on October 1, 2013 is the Plaintiff.

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