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(영문) 대구지방법원 2019.08.21 2019나304118
공사대금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On August 28, 2014, the Plaintiff entered into a contract with the Defendant for the production and installation of a subdivision in the factory located in the Gumi-si in the Gumi-si (U.S.) to KRW 143,000,000.

B. On January 19, 2015, the Plaintiff drafted a written agreement with the Defendant with the following content (only the content related to the instant agreement; hereinafter “instant agreement”), and on the same day, drafted a letter of payment and a cash storage certificate stating that “the Defendant shall pay to the Plaintiff KRW 30 million from the end of March 2015” (hereinafter “instant letter of payment”).

The plaintiff and the defendant agree both on the settlement of construction price accounts, which are established in the Gu and US City C, as follows:

① The construction cost under the first contract between the Plaintiff and the Defendant is KRW 143,000,00 (including surtax).

② Of these, the Defendant paid KRW 56,095,326 to the Plaintiff, and the remainder of the construction cost is KRW 86,904,674.

(3) There are several parts to be considered for the settlement of construction cost.

- The smaller is that it should be the larger.

- 390,000 won per day of the penalty for delay, so far, it has been delayed for 81 days.

(A) ADDD 2,00,000 won. - The defect repair Corporation shall be liable to the defendant, and the plaintiff shall not be liable thereafter.

- An advance interest of KRW 20 million shall be paid regardless of the cost of construction.

(4) The balance of construction price shall be fixed as 60 million won in consideration of the above matters.

⑤ The Plaintiff shall receive KRW 30 million out of the balance of the construction for the purpose of the Defendant’s loan for bank loan for factory facilities and deliver three copies of the certificate of payment in full.

(6) The remainder of the construction cost of KRW 30 million shall be paid by the defendant a cash storage certificate.

C. On February 5, 2015, the Plaintiff issued an electronic tax invoice of KRW 30 million to the Defendant for the production and installation of a subdivision, and received KRW 50 million from the Defendant on February 6, 2015.

On March 10, 2015, the Plaintiff is the Defendant.

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