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(영문) 부산지방법원 2020.06.16 2019가단331163
추심금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 13, 2017, the Defendant concluded a construction contract to newly construct neighborhood living facilities and houses as follows (hereinafter “instant construction contract”).

- Contract amount: 631,00,000 won (excluding value-added tax) - Construction period: 150 days after commencement - 63,100,000 won (excluding value-added tax), 63,100,000 won (excluding value-added tax), 63,100,000 won at the time of the installation of main household and attached stuffs: 63,100,000 won (excluding value-added tax), - After completion of approval for use: 1/1,000 of the daily supply

B. After the conclusion of the instant construction contract, C requires the name of the comprehensive construction company in light of the construction size, etc., and the Defendant drafted a separate construction contract form with E Co., Ltd. as follows.

- Contract amount: 692,00,000 won (including value-added tax): Construction period: from January 20, 2018 to June 30, 2018 - The payment for the sixth completed payment at the time of payment: 69,200,000 won includes value-added tax.

C. After the conclusion of the instant construction contract, C requested the Defendant to pay the additional construction cost and actually suspended the construction work on September 2018, which was the internal interior interior interior interior interior interior interior works.

On December 21, 2018, the Defendant agreed on C and additional construction costs and the remaining construction works (hereinafter “instant agreement”) as the circumstance for which construction should be completed promptly, and the content thereof are as follows.

- Additional construction cost: 30,000,000 won (at the same time as an agreement, 15,000,000 won, remaining 15,000,000 won at the time of application for approval for use): The completion date of the remaining construction: within three weeks from the date of agreement; approval from the defendant; approval for use - Compensation for delay within ten days from the date of agreement: the completion of construction within three weeks from the date of agreement; approval from the defendant; approval for use - Compensation for delay; and if approval for use is not obtained within ten days from the date of agreement, the amount equivalent to 1/100 of the total construction cost per day from the following day to the date of obtaining approval for use shall

(b) remaining construction costs: the time of payment.

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