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(영문) 인천지방법원부천지원 2015.11.27 2014가합4957
공사대금
Text

1. The Defendant’s KRW 113,402,485 as well as the Plaintiff’s KRW 6% per annum from January 1, 2014 to November 27, 2015.

Reasons

1. Basic facts

A. On April 27, 2013, the Plaintiff entered into a construction contract in the instant case with the Defendant on April 27, 2013, with respect to the construction work of the second floor on the ground (hereinafter “instant construction work”) on the land (hereinafter “instant construction work”) located in 603-18, Mapo-si, Mapo-si, Kimpo-si, Kimpo-si (hereinafter “instant building”), with the construction cost of KRW 858 million (including value-added tax; hereinafter the same shall apply) and the construction period from April 27, 2013 to August 31, 2013, the construction contract (hereinafter “the instant first construction contract”).

B. On November 23, 2013, the Plaintiff and the Defendant entered into the instant modified contract with the effect that the construction period is extended until December 31, 2013 and the construction cost is increased by KRW 869 million (hereinafter “instant modified contract”).

C. After completion of the instant construction project on approval for use of the instant building, the Defendant obtained approval for use of the instant building from the Kimpo-ro on January 16, 2014.

The unpaid construction cost is KRW 150,440,000,000,000,000 for the construction work of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5 (including branch numbers in case of provisional number; hereinafter the same shall apply), Eul evidence No. 11, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion is obligated to pay the plaintiff the money stated in the purport of the claim as the payment for the construction work of this case.

B. (1) The Defendant’s assertion (1) solely based on the conclusion of the instant modified contract does not exempt penalty for delay at the time of the lapse of the construction period stipulated in the instant initial construction contract, and thus, it is 10 million won including penalty for delay 46,926,00 won from September 1, 2013 to November 22, 2013, which is the day following the deadline for construction stipulated in the instant initial construction contract, and penalty for delay from the next day to January 15, 2014, which is the day before obtaining the approval for use of the instant building.

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