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(영문) 수원지방법원안산지원 2015.07.16 2014가합3778
공사대금
Text

1. The defendant shall be the plaintiff.

(a) KRW 99,704,00 and for this, KRW 6% per annum from July 24, 2014 to July 16, 2015; and

Reasons

1. Basic facts

A. On May 20, 2013, the Plaintiff entered into a contract with the Defendant for the construction of an urban-type residential housing (hereinafter “instant construction”) on the land of 182.1 square meters in Suwon-si, Suwon-si, Suwon-si (hereinafter “instant building”). The key contents are as follows.

Date of commencement: The date of completion on May 20, 2013: Contract amount on November 19, 2013: 320,000,000 won (excluding value-added tax): The rate of liquidated damages for delay: 0.1% of the contract amount: 0.1%

B. The Plaintiff’s construction cost of KRW 80,500,000 from the Defendant on June 13, 2013, and the same year

7. 18.20,000,000 won for the same year; and

8. 30,00,000 won on December 32, 2012, and 30,000,000 won on November 18, 198 of the same year, and 20,000,000 won on December 6, 198 of the same year, and 20,000 won on April 22, 2014; and

5. The sum of KRW 220,500,000 was paid for 220,500,000.

C. Meanwhile, on December 6, 2013, the Plaintiff issued to the Defendant a receipt and an explanatory note (hereinafter “each of the instant notes”) stating that the Plaintiff would complete the instant construction by December 20, 2013, when receiving the said KRW 20,000,000 from the Defendant.

Upon completion of the instant construction on January 7, 2014, the Plaintiff submitted various documents necessary for the approval for use of the instant building to C architect who was in charge of the design of the instant building, and delivered the instant building to the Defendant around that time.

On the other hand, approval for use of the instant building was made on April 17, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 10, Eul evidence Nos. 1, 3, and 12, the purport of the whole pleadings

2. The parties' assertion

A. Although the Plaintiff’s assertion completed the instant construction and additional construction, the Defendant still did not pay the Plaintiff the remainder and the additional construction cost of KRW 155,500,000 (i.e., the additional construction cost of KRW 352,00,000,000, which includes surtax - the paid construction cost of KRW 220,50,000).

Therefore, the defendant is obligated to pay the above construction cost and damages for delay to the plaintiff.

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