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Reasons
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(영문) 수원지방법원 안양지원 2018.04.06 2016가단859
공사대금
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1. The Defendant’s KRW 55,339,307 as well as annual 5% from August 27, 2014 to April 6, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On April 22, 2014, the Plaintiff entered into a contract between the Defendant and the Geumcheon-gu Seoul Metropolitan Government (hereinafter “instant building”) for construction works for interior and remodelling (hereinafter “instant construction works”): 25,00,000 won: from April 30, 2014 to June 30, 2014; 0.02% of the interest rate for delay; 0.02% of the interest rate for delay; 2.33 million won on April 28, 2014; 70,700,000 won on May 19, 2014; 3.7,700,000 won on June 7, 2014; and 3.00,000 won on June 38, 2014 (hereinafter “instant contract”).

B. On April 28, 2014, the Plaintiff commenced the instant construction work and completed the instant construction work on August 26, 2014, and the Defendant paid KRW 187,000,000 to the Plaintiff out of the construction cost of the instant case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 6, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The summary of the Plaintiff’s assertion 1) The Defendant did not pay the construction cost despite the Plaintiff’s completion of the instant construction work in accordance with the instant contract. As such, the Defendant is obligated to pay the Plaintiff the remainder of KRW 38 million (225,00,000 - 187,000,000) and damages for delay thereof. (2) The Plaintiff, upon agreement with the Defendant, had the Plaintiff engage in additional construction work different from the terms of the instant contract (hereinafter “instant additional construction”). Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 52,739,430 and damages for delay.

B. The Plaintiff and the Defendant concluded the instant contract for construction cost of KRW 225,00,000 on April 22, 2014; and the Defendant’s payment to the Plaintiff up to the date constitutes a total of KRW 187,00,000, as seen earlier.

Therefore, the defendant is obligated to pay to the plaintiff 38 million won and delay damages for the payment of the unpaid construction cost.

C. As to the claim for the instant additional construction cost

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