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(영문) 서울북부지방법원 2017.05.12 2015가단141257
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 3, 2013, the Plaintiff entered into a contract for construction with the Defendant for construction as follows, with the construction cost of KRW 135,00,000 (excluding value-added tax) regarding the repair and new construction of a building C on the Government-si basis, as between April 3, 2013 and May 20, 2013:

The construction work under Article 6 of the Construction Contract below is referred to as "outward construction work," and "other construction works specified in the construction contract and quotation" shall be paid to the defendant under Article 2 of the Construction Contract Act (payment of construction price).

Advance Payment: The first progress payment for the construction work in the amount of KRW 65,00,000 which is equivalent to 50% of the construction cost: the completion payment for the construction work in the amount of KRW 30,000,000 when 70% of the construction cost is performed (the completion payment for the construction work in the separate construction work and the complete publication of outer walls): 20,000,000 when 90% of the construction work is completed (including landscaping work, etc.) at the time of completion of the construction work (including landscaping work, etc.) at the time of completion of 100% of the construction work: the Defendant shall perform the construction work in the form of the concrete stuff, etc. which is not included in the estimate, even before the payment for electric extension, fence and landscaping, and external lighting, waste disposal, and concrete stuff for signboard installation.

Provided, That the defendant shall carry out construction work with the plaintiff, and the construction cost shall be borne by the plaintiff.

Written estimate - Amount of net construction cost of KRW 127,801,00, total estimated amount of KRW 146,970,000, including value-added tax, - Other separate construction works than estimate

1. Preparation of fences, landscaping, and surrounding areas;

2.The gas station and the office;

3. Electricity enlargement;

4. Air conditioners - Specific estimates of construction works shall be as shown in the attached Table.

'Corporation'.

B. On April 3, 2013, the Plaintiff paid advance payment of KRW 65,00,000 to the Defendant.

In addition, the Plaintiff remitted to the Defendant KRW 15,037,820 on April 20, 2013, KRW 7,362,440 on April 26, 2013, KRW 5,049,766 on May 31, 2013, and KRW 10,000 on June 5, 2013, respectively.

C. The Defendant commenced construction since the date of entering into the instant construction contract.

The defendant is the Corporation of this case.

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