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(영문) 서울중앙지방법원 2017.01.13 2015가단170386
공사대금
Text

1. The Defendants jointly and severally agreed with the Plaintiff KRW 32,790,400 and 5% per annum from October 21, 2015 to January 13, 2017.

Reasons

. Facts of recognition.

A. On December 18, 2014, the Plaintiff concluded a construction contract with the Defendants with the content that the construction price for new construction of 3 and 4 stories among the multi-household buildings in Chungcheongnam-gun, Da, E ground-4 multi-household buildings was KRW 533,125,450 (including value-added tax), and the construction period was from December 19, 2014 to March 5, 2015, and the rate of liquidated damages was 1/100.

(hereinafter “instant construction contract”). B.

On December 26, 2014, the Plaintiff prepared and issued to the Defendant a written confirmation as follows with respect to the instant construction work:

(hereinafter referred to as the “instant confirmation”). * Total of 480,000,000 of the construction cost (excluding value-added tax)

1. Admission fees (which shall be borne by electric, water, or gas drilling works);

2. The cost of elevator installation;

3. Settlement of civil petitions for construction works;

4. Liability for works to be performed when warranty insurance is carried out;

5. The balance of the construction cost shall be paid within one month after completion;

However, it is a condition to settle the unpaid construction cost at the time of payment.

* Payment of construction costs

1. 20,000,000 won when the contract is made;

2. Payment of KRW 100,000,00 upon completion of alley structure;

3. Payment of 100 million won after the completion of interior works, such as interior works;

4. Payment of KRW 20,000,000 after completion of all completion certificates * Additional construction costs are not recognized.

* If the contractor does not have the ability to perform the construction works and gives up the cost invested when the contractor ceases the construction works, and immediately withdraw the site and take off all the unpaid construction works, the contractor shall be responsible for civil and criminal works.

C. The Defendants paid the Plaintiff the down payment of KRW 20,000,000 as the contract price, and paid KRW 30,000,000 on January 21, 2015.

Until February 21, 2015, the Plaintiff suspended the instant construction under the condition that it performed temporary installation works, built of the third floor reinforced concrete building works, built of the fourth floor steel bars, installed of the third to fourth floor electric wires, installed of the telecommunications pipes, installed of the cable conduits, installed of the second floor, installed of the second floor, installed of the second floor windows and glass works, installed of the second floor electric wires, installed of the second floor electric wires, and installed the elevator sites.

Grounds for Recognition: Gap evidence Nos. 1, 2, 4, 5-1 through 8, Eul evidence Nos. 1 and 2, and Gap.

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