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Reasons
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(영문) 서울동부지방법원 2019.02.20 2018가합107181
공사대금
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1. Defendant D Co., Ltd. shall pay to the Plaintiff KRW 51,363,229 and the interest rate of KRW 15.5% per annum from June 2, 2018 to the date of full payment.

Reasons

1. Basic facts

A. “Etel”-related construction work 1) Defendant D contracted from Defendant B for a new construction of “Etel” on the ground of F 340.5 square meters in Jeju-si, and on May 1, 2017, Defendant D entered into a contract with Defendant B for the construction of “Etel” on the part of the Plaintiff.

(i) 129,800,000 won (including value added tax; hereinafter the same shall apply) for the construction cost;

(2) On May 1, 2017, the Plaintiff and Defendant D agreed to pay the Plaintiff KRW 240,000 to the Plaintiff as the first construction cost, and the payment was made on June 26, 2017, by calculating the amount of KRW 210,000,00. However, on June 26, 2017, the Plaintiff agreed to pay the said other canal canals Idong as KRW 210,000.

(3) On August 1, 2017, the Plaintiff and Defendant D changed the construction period to KRW 184,80,000, and the construction period from May 1, 2017 to August 30, 2017, respectively. (4) The Plaintiff completed the first construction work on August 20, 2017.

B. The Defendant D contracted the Defendant C with “J canal wells” on the ground of the 2,98 square meters wide from the Jeju city. On May 1, 2017, 2017, Defendant D entered into a contract with the Defendant C for the construction of seven new buildings, “J canal wells” on the ground of the 2,98 square meters wide from the J canal wells (hereinafter “2-1 construction”).

(2) On June 20, 2017, Defendant D subcontracted the construction cost of KRW 50,80,000, and the construction period of KRW 195,80,000 to September 30, 2017 to the Plaintiff on July 1, 2017. (2) Defendant D subcontracted the construction cost of KRW 550,00,00,000, and the construction period of KRW 2-1 and October 31, 2017 to the Plaintiff on June 20, 2017.

3) On October 31, 2017, the Plaintiff and Defendant D changed the construction period of No. 2-2 on July 10, 2017 to December 20, 2017. (4) The Plaintiff completed the second construction work around April 2, 2018.

The plaintiff asserts that the completion date of the second construction work is February 28, 2018.

However, around April 2, 2018, which the defendant D accepted as the completion date, the second construction was completed on February 28, 2018.

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