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(영문) 대구지방법원 2019.10.11 2018가단139569
공사대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

1. Construction name of neighborhood living facilities: Construction of detached houses (hereinafter referred to as “instant construction”);

2. The construction site: Gu and Si C;

3. Date of commencement: May 10, 2018: Three months after the commencement date.

5. Amount of a contract for a construction project: KRW 30,000,000 ( KRW 330,000); and

6. Contract deposit (10%) : Tricheon Three million won (33,000,000 won).

7. Prepaid gold: 20% per day.

8.Conditions of advance payment: - At the time of completion of a ductal work - 30% of the daily amount at the time of completion of a ductal work - 10% of the daily amount at the time of completion of an ductal work - 100% of the remaining amount of the work within 10 days after

A. On May 8, 2018, the Defendant concluded a contract between the Plaintiff and the Plaintiff to newly construct the second floor house on the ground of the Gu-U.S. C (hereinafter “instant construction contract”) as follows.

B. On May 9, 2018, the Defendant paid the Plaintiff the down payment of KRW 30 million,00,000,000,000 to August 9, 2018.

C. The Defendant sent to the Plaintiff a content certificate that contains the content that the Plaintiff would claim for damages due to delay of construction (as of September 27, 2018) and each of the content certificates that the instant construction contract would be terminated (as of October 18, 2018), and each of the said content certificates reached the Plaintiff each time of delivery.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6 evidence, Eul evidence 1 to 3 (including branch numbers), the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. After the conclusion of the instant construction contract, the construction cost of KRW 45 million was added due to the design change, etc.

B. The Plaintiff faithfully performed the instant construction work in accordance with the instant construction contract. However, as the construction schedule was somewhat delayed due to reasons not attributable to the Plaintiff, the Defendant requested the Plaintiff to suspend the construction work and obstructed the Plaintiff’s construction work by notifying the termination of the instant construction contract, and eventually, continued the instant construction work by entrusting another construction business operator with the remaining construction work.

As such, the Plaintiff may interfere with the construction of the instant construction contract.

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