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Reasons
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(영문) 창원지방법원진주지원 2019.07.23 2019가단1493
공사대금
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1. The Defendant’s KRW 50,000,000 and its amount shall be 5% per annum from March 15, 2019 to July 23, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. (1) On February 23, 2017, the Defendant purchased the sales price of KRW 1.23 billion and received the registration of ownership transfer on April 26, 2017.

(2) On April 2017, the Plaintiff (representative D, B) received from the Defendant (hereinafter “instant construction”) the payment of the instant construction cost of KRW 120 million for the instant construction project (hereinafter “instant construction contract”) from the Defendant (hereinafter “instant construction project”) (hereinafter “instant construction contract”) and the said contract (hereinafter “instant first contract”) are as follows.

2. Within 120 million won (excluding value-added tax) for A and B, the contract price of the entire project shall not exceed 120 million won;

Provided, That the portion exceeding the contract amount shall be borne by Dong.

6. Payment of a construction cost shall be made within one month after the commencement of the construction project by 20 per cent of the total construction cost, the payment of the construction cost shall be made in full under E’s responsibility, and Eul shall not require payment to A of the construction cost.

B. On May 4, 2017, the Plaintiff (D) entered into a modified contract with the Defendant with the following terms and conditions (Evidence A-2) by amending the said first contract:

(hereinafter referred to as the “instant amendment agreement”). 2. A and B shall determine the contract amount of the entire construction project within 200 million won (excluding value-added tax).

Provided, That the portion exceeding the contract amount shall be borne by Dong.

6. Payment of construction costs shall be made by 10% of the total construction cost within one month after the commencement of the construction work, and the remainder payment of construction costs shall be made pro rata to the sale and purchase of land;

Provided, That the total sale shall be paid in a lump sum and the installment sale shall be paid in proportion to the sale portion only, and the invoice shall be issued from time to time only to the deposit portion of the construction cost

C. (1) On June 7, 2017, the Plaintiff received the down payment of KRW 20 million from the Defendant, and completed the construction work normally under the said contract.

(2) January 2018.

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