(영문) 광주지방법원 2017.12.19 2015가단530022

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(영문) 광주지방법원 2017.12.19 2015가단530022

공사대금

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1. The Defendant’s KRW 56,279,369 as well as the Plaintiff’s annual rate of 5% from December 8, 2015 to December 19, 2017.

Reasons

1. Basic facts

A. In February 2015, the Defendant concluded a contract with the Plaintiff and the said new construction corporation (hereinafter “instant construction”) with respect to the construction cost of KRW 200,000,000 (hereinafter “instant contract”).

B. On February 7, 2015, the Defendant paid KRW 35,000,00 to the Plaintiff as advance payment.

C. On September 25, 2015, the Defendant pointed out the part of the construction work that was executed differently from the design drawing, sent content-certified mail demanding correction, and on October 2, 2015, the Plaintiff sent a letter-certified mail proving that the contract of this case was terminated on the ground that the part that was performed differently from the above drawing was executed under the Defendant’s consent, and that the Defendant did not pay the construction cost that would be paid at the time when the construction period would exceed 80% during the construction period. On October 6, 2015, the Defendant again demanded correction of defective construction and completion of work by the 20th day of the same month, and the Defendant presented content-certified mail proving that it would not give up the construction work if there is no response thereto by the 10th day of the same month.

On September 2015, the Plaintiff suspended the instant construction work without completion.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings

2. The assertion and judgment

A. Plaintiff 1) The Defendant agreed to pay KRW 28,500,000 for the construction cost of KRW 200,000 for the instant contract at the time of the conclusion of the contract, and KRW 61,50,000 for the construction cost of KRW 70,000 for the construction cost of the first floor at the time of the commencement of the construction work, and KRW 61,50,000 for the construction cost of the first floor at the time of the completion of the contract, and KRW 40,000 for the remaining KRW 40,000 for the three months after the completion of the construction. The civil construction cost at the later end was agreed to pay each public charge, such as design cost and cost for changing the form and quality.

B. The defendant

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