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(영문) 대구고등법원 2016.01.28 2014나2595
공사대금
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff regarding the order of additional payment shall be revoked.

Reasons

1. The following facts are not in dispute between the parties, or can be acknowledged in full view of the entries in Gap evidence Nos. 1, 2, 3, and 7 and the purport of all pleadings.

The plaintiff is engaged in the manufacturing of steel structure, and the defendant is engaged in the manufacturing and selling of recycling resin.

B. On April 19, 2012, the Plaintiff concluded a contract with the Defendant under the following terms and conditions (hereinafter “instant contract”) with regard to the construction of extending the warehouse (hereinafter “instant building”) on the ground of the 175 North-ro, Gyeongcheon-gun, Chungcheongnam-do, Gyeongcheon-do, Gyeongcheon-do, Gyeongcheon-do (hereinafter “instant construction”).

【Contents of Contract】

1. Construction cost: ninety-seven thousand won (excluding value-added tax);

2. Scheduled date of commencement: A period of construction on April 23, 2012: Within 15 days from the scheduled date of commencement.

4. Compensation for delay: In the event that the plaintiff delays the completion of the instant construction, the compensation for delay shall be paid by multiplying the total number of days of delay by the amount equivalent to 3/100 of the construction cost per day of delay.

(hereinafter referred to as "agreement on liquidated damages").

The Plaintiff completed the instant construction on July 27, 2012, and obtained approval for the use of the instant building on that day.

The Defendant paid the Plaintiff KRW 30,00,000 on the date of the instant contract for construction work, KRW 20,000 on April 25, 2012, and KRW 10,000,000 on May 17, 2012, KRW 10,000 on June 22, 2012, KRW 25,00,000 on June 22, 2012, and KRW 97,00,000,000 on June 29, 2012.

2. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) completed the instant construction under the instant contract. 2) On May 25, 2012, when the instant construction is underway, the Plaintiff requested the Defendant to reconstruct the basic civil engineering works on the floor of the instant building and pack the instant building floor with concrete (hereinafter “instant floor construction”) and install auxiliary columns, and the Plaintiff requested 32,500 for the instant floor construction.

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