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(영문) 창원지방법원 2017.08.24 2015가합35409
양수금
Text

1. The Defendant’s KRW 215,297,151 as well as the Plaintiff’s KRW 6% per annum from May 30, 2017 to August 24, 2017.

Reasons

1. Basic facts

A. On December 29, 2012, the Defendant entered into a contract for construction works with the Defendant, Korea Construction Co., Ltd. (hereinafter “Korea Construction Co., Ltd.”), with the Changwon Construction Co., Ltd. (hereinafter “Korea Construction”) on the construction period for the construction of a new site A neighborhood living facility (hereinafter “instant construction”) from January 20, 2013 to October 21, 2013; the construction cost of KRW 2,519,00,000 (including value-added tax); and the liquidated damages of KRW 1/100 per day’s construction cost.

Since then, the construction contract between the defendant and Korea Construction was changed on August 31, 2014, and the construction cost was changed to KRW 3,027,279,200.

B. On September 1, 2014, the Plaintiff and Korea Construction Subcontract 1) subcontracted to the Plaintiff construction cost of KRW 264,000,000 among the instant construction works. While the Plaintiff completed the said construction works, the Plaintiff was not paid KRW 264,00,000,00 for the said construction works, the Plaintiff was awarded a subcontract for the said construction works from Korea Construction on May 13, 2013. However, the Plaintiff had a claim for construction cost of KRW 18,00,000 for the said construction due to the lack of payment of KRW 18,00,000 for the said construction works.

C. On January 21, 2015, when the construction of the instant construction was completed on January 21, 2015, but the Defendant was not paid the construction payment from the Defendant, the contract amount was settled at KRW 2,862,279,200 as follows, and the unpaid construction payment was confirmed as KRW 1,036,370,253, and the unpaid construction payment was confirmed as KRW 600,000,000 among the unpaid construction payment was determined by the settlement agreement (hereinafter “instant settlement agreement”).

Value-added tax of KRW 2,752,072,00 for value-added tax of KRW 275,207,200 for value-added tax of KRW 275,200 for total of KRW 3,027,279,200 for value-added tax of KRW 2,602,072,00 for value-added tax of KRW 260,207,200 for total of KRW 2,862,279.

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