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(영문) 수원지방법원 2015.10.20 2015가단106147
공사대금
Text

1. The Defendant’s KRW 42,949,933 as well as the Plaintiff’s annual rate of 5% from November 13, 2014 to October 20, 2015.

Reasons

1. Basic facts

A. (1) On April 2014, the Defendant awarded a contract to C, a small father, for the construction work of constructing the living accommodation facilities and detached houses of eight stories above ground (hereinafter “instant building”) on the water-based 199 square meters in Suwon-si, Suwon-si, which is owned by the Defendant (hereinafter “instant building”), to the construction work cost of KRW 945,00,000 (excluding value-added tax).

(2) On April 3, 2014, C paid to the Plaintiff the amount of KRW 229,060,000 (including fire-fighting) of the aggregate construction works of the instant building (hereinafter “the instant previous subcontract”), which was set at KRW 35,560,00,00 for electrical construction, and KRW 67,500 for electrical construction, KRW 67,500 for installation work, and KRW 67,500 for construction period from April 10, 2014 to August 10, 2014, and KRW 1/1,000 for delay compensation (hereinafter “the instant previous subcontract”). From the date of entering into a contract with an advance payment, C paid KRW 65,00,00 for construction work, KRW 400 after completion of construction work, KRW 60,00 after demolishing the temporary installation, and KRW 400,000 after demolishing the completion of construction work.

B. From April 8, 2014 to July 18, 2014, the Defendant paid to the Plaintiff KRW 175,000,000 as the construction price of the instant building.

C. On August 25, 2014, the Defendant entered into a contract with the Plaintiff to modify the previous subcontract with the following terms (hereinafter “instant subcontract”). The contract amount from April 10, 2014 to October 10, 2014: 266,60,000 won (the aggregate construction of KRW 126,00,000, electrical construction of KRW 38,100,000, total progress fees of KRW 82,50,000, total progress fees of KRW 20,000,000, and total progress fees of KRW 40,000 after completion of the 4th floor, 60% after completion of the aggregate construction, and 40% after completion of the construction, 40% after completion of the construction, 40% after completion of the construction, 40% after completion of the construction, 40% after completion of the construction, and 10% after completion of the construction, 160% after completion of the construction.

D. (1) The Plaintiff re-subcontracts the structural value of the instant building to E in the amount of KRW 119,00,000 among the instant building works, and the said construction cost is all paid.

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