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(영문) 부산지방법원 2015.11.26 2014가단87430
공사대금
Text

1. The Defendant (Counterclaim Plaintiff) jointly and severally pays KRW 30,000,000 to the Plaintiff (Counterclaim Defendant).

2...

Reasons

Basic Facts

On May 19, 2011, the Defendants: (a) paid the Plaintiff the contract amount of the 4,323,923,000 won for the construction of an urban residential house in Busan-gun, Busan-gun (hereinafter “instant construction”; and (b) from June 20, 201 to May 19, 2012 for the construction period; and (c) paid the 80% of the construction cost at the base rate every two months from the commencement date; and (d) paid the remainder 20% within 60 days from the completion date; (e) paid the penalty for delay; (e) paid the penalty for delay at 0.1%; and (e) paid the interest rate for delay at 12% for the construction cost.

(A) Evidence No. 1-1, hereinafter “instant contract”). The Plaintiff and the Defendants agreed on February 29, 2012 to change the contract price of the instant contract to KRW 138 million due to price increase.

(A) On May 10, 2012, the Plaintiff and the Defendants agreed to respectively modify the contract amount of KRW 4,635,003,00 and the deadline for completion until June 30, 2012.

(A) No. 3-1. The captain of the Gun issued a certificate of usage inspection on June 26, 2012 to the instant building.

The Defendants paid the Plaintiff KRW 4,605,000,000 in total as construction cost under the instant contract.

[Grounds for recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 through 1 and 2 (including branch numbers; hereinafter the same shall apply), and the facts of the above recognition as to the claim of the main claim for the purport of the entire pleadings, the plaintiff was obligated to pay the plaintiff KRW 4,635,03,00,000 as modified contract amount to the plaintiff, and the plaintiff was paid KRW 4,605,03,000 from the defendants. Thus, the defendants are jointly and severally liable to pay the plaintiff KRW 30,00,000 (=4,635,003,00,000 - 4,605,03,000).

The object completed in the contract for judgement on the claim for damages for delay.

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