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(영문) 광주지방법원 2016.08.11 2015가단23463
공사대금
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 January 16, 2014, the Defendant entered into a contract with the Plaintiff for a new construction of B multi-households (the first floor religious assembly hall (the church hall), the second floor house, the second floor house, and the third floor house). The written contract at the time included the following:

3) Commencement of a construction period: The contract amount on February 10, 2014: 34,00,000 (the deduction of the acquisition tax and the registration tax, and the addition of value-added tax) contract amount: 5) advance payment: 50,000,000 won for the construction project: The time and method of payment of completed portion after mutual consultation - 7) payment: 200,000,000 won, including advance payment, shall be paid in installments at the request of the contractor during the construction, and the balance shall be paid after completion: 22% (the compensation for delay) for delay shall be paid to the project owner by multiplying the contract amount by the delayed rate for delay (hereinafter referred to as “compensation for delay”) for each number of days when the construction has not been completed within the construction period.

Provided, That this shall not apply where it is delayed due to natural disasters, wars, closure of ports, infectious diseases, restrictions on access for prevention of epidemics, or other reasons not attributable to the contractor.

B. The Defendant paid the construction price to the Plaintiff in 2014 as follows.

C. On December 8, 2014, the Plaintiff agreed with the Defendant to pay directly the elevator construction cost of the above building to Hyundai Elevator Co., Ltd., and the Plaintiff waived KRW 38,000,000, which was included in the initial construction cost.

In January 2015, the Plaintiff completed the construction work contracted by the Defendant and delivered the said building to the Defendant.

【Ground of recognition】 The fact that there is no dispute, Gap 1-2, 1-4, 3, Eul 1, 2, 4, the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, barring any special circumstance, the Defendant’s construction cost of KRW 25,00,000 (=344,000,000- - 281,000,000 - 38,000,000 - Value-added tax of KRW 38,000,000 and value-added tax of KRW 34,400.

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