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(영문) 대전지방법원천안지원 2017.08.25 2016가합102217
공사대금
Text

1. The Defendant’s KRW 80,000,00 and the Plaintiff’s annual rate of KRW 6% from October 8, 2014 to August 25, 2017, as well as the following.

Reasons

1.In fact, each of the facts under recognition may be found either in dispute between the parties or in full view of the entries in Gap evidence 1 to 16 (including branch numbers; hereinafter the same shall apply) and the whole purport of the pleadings.

On September 25, 2013, the Plaintiff entered into a contract with the Defendant as a construction company operating an engineering work business, building work business, etc., under which the construction cost was KRW 619,300,000 (including value-added tax) for the civil engineering work among the Defendant’s new construction work in the Asan Factory, and on October 25, 2013, with the construction cost of KRW 1,276,00,000 (including value-added tax) for the construction work among the said new construction work.

(hereinafter referred to as "each of the instant construction contracts" and "each of the instant construction contracts" is added to the said civil works and construction works. (b)

The Plaintiff completed each of the instant construction works in accordance with each of the instant construction contracts, and on July 15, 2014, entered into a settlement agreement with the Defendant that “The remainder of the construction payment, which remains after deducting the electricity usage fee, etc. that the Plaintiff would pay from the unpaid construction cost, shall be determined as KRW 80 million, and the Defendant shall pay the Plaintiff the said KRW 80 million at the same time as the surety insurance policy was issued upon the performance of the defect repair works related to each of the instant construction works (hereinafter “instant settlement agreement”).

C. Accordingly, in relation to the instant construction project, the Plaintiff performed the repair work of defects discussed in the instant settlement agreement, and the period of insurance from October 7, 2014 to October 6, 2017, and the Plaintiff, the insured, the Defendant, and the insurance proceeds were KRW 56,859,000 in total ( KRW 18,579,00 in civil engineering works, KRW 38,280,00 in construction works, and KRW 38,280,00 in construction works) and issued a guaranty insurance policy to the Defendant on October 7, 2014.

2. According to the above facts of recognition as to the cause of the claim, the defendant shall not have any special circumstances.

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