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(영문) 대전지방법원공주지원 2016.08.11 2013가단3384
공사대금
Text

1. The Defendant’s KRW 67,225,584 as well as the Plaintiff’s annual rate from September 7, 2013 to August 11, 2016, and the following.

Reasons

1. Basic facts

A. On January 30, 2013, the Plaintiff, who runs the construction business of yellow house, etc. under the trade name of “C”, entered into a construction contract with the Defendant on January 30, 2013 (hereinafter “instant construction contract”). The specific content is as follows, and the specifications attached to the instant construction contract are as indicated in the construction specifications.

Amount of construction: payment of construction cost of KRW 100,000 (excluding KRW 350,000,000 in a daily unit price of KRW 3.5 million, value-added tax, and flat unit price; KRW 5,000,000 in a total construction cost under the direct management of the owner)

1. The defendant shall pay 10% of the construction amount to the plaintiff simultaneously with the contract to the plaintiff.

2. Payment of down payment - 10% (10,000,000)

3. The first intermediate payment -

5. Payment of 20,000 won;

4. The second intermediate payments (maths) -

6. Payment of KRW 60,000,000;

5. Provided, That the first intermediate payment shall be paid at the time of transfer of news, even before the payment date;

6. The additional construction works shall be paid in lump sum before the commencement thereof;

Article 2 The plaintiff during the construction period shall complete the construction by June 10, 2013.

(A) Article 3 of the Construction Work Period may be changed or delayed due to weather conditions) The plaintiff shall apply the construction work execution to the design drawings and specifications, and the excess shall be determined by adding the additional amount under mutual agreement between the plaintiff and the defendant.

B. Under the instant construction contract, the Defendant paid each of the down payment of KRW 10,000,000 and KRW 10,000 among the first intermediate payment, respectively, to the Plaintiff. On July 5, 2013, the remainder of KRW 10,000,000 among the first intermediate payment, and the remainder of KRW 10,00,000 among the first intermediate payment on July 10, 2013, respectively.

C. According to the instant construction contract, the Plaintiff constructed a single-story housing unit of 98.76 square meters (hereinafter “instant housing”) at the D Yellow Land C, Yellow C, C, and C, Chungcheongnam-gun, Chungcheongnam-do. In accordance with the instant construction contract, the Defendant obtained approval for the use of the instant housing from the head of Si/Gun granting authority on August 1, 2013.

Grounds for Recognition: the entry in Gap evidence 1, 2, 15, 21, and Eul evidence 7; and

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