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(영문) 대구지방법원 서부지원 2018.08.23 2017가합52119
공사대금
Text

1. The Defendant’s KRW 202,00,000 as well as 6% per annum from October 24, 2016 to October 25, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Defendant entered into the instant construction contract between the Plaintiff and the Defendant, upon receiving a contract from the agricultural company C to install the excreta recycling facilities for the excreta recycling facilities for the land-based livestock manure manure and three parcels of land, and the Plaintiff was awarded a subcontract from the Defendant to install the manufacturing facilities for the estest stylates and prevention facilities (hereinafter “instant construction works”) among the aforementioned excreta recycling facilities.

On December 16, 2015, the Plaintiff entered into a contract with the Defendant for the instant construction project with the cost of KRW 517 million (including value-added tax) and the scheduled completion date of construction works (hereinafter “instant construction contract”) on April 25, 2016, and the main contents thereof are as follows.

7. Advance payments: 20% of the contract amount (94 million won) - contract amount; and

8. Completion portion: The fact that there is no dispute over the remainder of 3 days after the start-up of the first 20% (including 94 million won; hereinafter the same shall apply) of the intermediate payment for three days after the arrival of the machinery site and the second 20% (94 million won) of the intermediate payment for three days and the third 20% (94 million won) of the intermediate payment for three days after the start-up of the machinery site, within 180 days after the start-up of the first 20% (14 million won) of the intermediate payment for three days, and the purport of the whole pleadings;

2. Determination

A. Comprehensively taking account of the overall purport of the statements and arguments as to the cause of the claim, Gap 3, 4, and 6, Eul limited liability company C, the original owner of the instant construction project, obtained a construction completion permit for livestock excreta recycling facilities from Jung-up Si on October 13, 2016, and the plaintiff demanded the defendant to pay KRW 22 billion for the reason that the plaintiff completed the instant construction project on January 6, 2017 and February 1, 2017, on April 25, 2016. Accordingly, it is reasonable to deem that the plaintiff completed the instant construction project around April 25, 2016, which was the date of completion of the instant construction contract, based on the above facts. Thus, the defendant, barring special circumstances, shall be deemed that the plaintiff completed the construction project of this case on April 25, 2016, the total construction cost of which was KRW 517 million, which was paid to the plaintiff.

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