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(영문) 부산지방법원 2013.11.20 2012가합23361
공사대금
Text

1. The Defendant’s KRW 5,050,000 as well as annual 6% from January 30, 2013 to November 20, 2013 to the Plaintiff.

Reasons

1. Basic facts

A. On August 18, 2012, the Plaintiff entered into a construction contract (hereinafter “instant construction contract”) with respect to the construction cost of KRW 240 million (excluding value-added tax; hereinafter the same shall apply) for the 30 million construction work among the E buildings that were being newly constructed by D comprehensive Construction in the Defendant and Kim Sea C (hereinafter “instant building”) and the construction period from August 8, 2012 to September 25, 2012, the interest rate for delay in payment of the price was 30/10,000 of the total construction cost per day (hereinafter “instant construction contract”).

B. The Plaintiff and the Defendant agreed on August 20, 2012 on the payment method, etc. of construction price, and the main contents are as follows.

(1) The purchase price of stones and other days shall be settled by the project owner after paying in advance within the contract amount.

(2) The construction cost shall be paid in two installments within 50% of the amount required for the progress of the construction work, and 30% after the completion of the construction work shall be paid within one month after the completion of the construction work.

(3) If a contractor neglects to perform a project or fails to perform a project for at least five days (or without consultation with a project owner), the project owner shall be deemed to have waived the project, and the project owner shall select another contractor and then no objection is raised against the contractor, and the project cost shall be paid at least 50 percent.

C. Meanwhile, during the process of the instant construction project, the Plaintiff and the Defendant had a dispute regarding the timing and scope of the payment of the construction cost, and around October 23, 2012, the Plaintiff suspended the construction project under the condition that the instant construction project was not completed, and the Plaintiff sent to the Defendant a certificate of content that “the instant construction contract shall be suspended due to delay in the payment of the construction cost, and the instant construction contract shall be terminated” to the Defendant by mail, thereby reaching the Defendant on the 26th of the same month.

The Plaintiff and the Defendant regarding the termination of the instant construction contract on October 24, 2012, prior to the arrival of the above content certification.

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