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(영문) 부산지방법원 2018.02.20 2017가단18497
공사대금
Text

1. The defendant,

A. The Plaintiff is KRW 10,073,300 and the interest rate of KRW 15.5% per annum from February 28, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. On February 2013, Co., Ltd. contracted the Defendant for a new construction of Busan Heavy Office Officetel in Busan.

B. On December 13, 2013, the Defendant subcontracted 456,500,000 won (including value-added tax) to the Plaintiff among the new construction works of the Jung-gu Officetel in Busan, Daegu (hereinafter “instant construction”) and subsequently, on August 29, 2014, the construction amount was changed to 495,00,000 won (including value-added tax).

According to the above subcontract, in relation to the payment of the progress payment, the Defendant paid the Plaintiff the progress payment once a month to the Plaintiff, and the payment is made within five days after the receipt of the progress payment from the Korea Asset Trust Co., Ltd. (FFFFF entered into a trust contract with the Korea Asset Trust Co., Ltd. with respect to officetels). In relation to the warranty liability, the Plaintiff submitted to the Defendant the guarantee of the guarantee of the amount equivalent to three percent of the contract amount

C. On May 13, 2016, the Plaintiff completed the instant construction work.

However, the part of the construction (the construction cost of the corresponding part) of plastic asbestos free asbestos (the construction cost of KRW 5,940,00,000, the general management cost of KRW 60,000, value-added tax of KRW 600,000, the total of KRW 6,600,000) is not constructed.

The Plaintiff received a total of KRW 463,476,700 as stated in the following table for the construction cost.

The date when the plaintiff demanded the progress payment to the defendant is the date when the plaintiff demanded the progress payment.

On the date when the defendant received the progress payment from Korea Asset Trust Co., Ltd., the defendant received the progress payment.

The Defendant received progress payment from the Korea Asset Trust Co., Ltd. and paid progress payment to the Plaintiff.

From Nos. 1 to 6 of the date the plaintiff received progress payment from the defendant, the plaintiff received progress payment from the defendant, and from No. 7 to 12, the plaintiff received it directly from the Korea Asset Trust Co., Ltd.

1. February 28, 2014. 19,422,700.

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