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(영문) 의정부지방법원 2015.10.08 2013가합10113
공사대금 등
Text

1. The defendant shall pay to the plaintiff KRW 133,113,704 and KRW 97,913,704 among them from April 9, 2014 to the day of complete payment.

Reasons

1. Presumed factual basis

A. On October 18, 2012, the Defendant concluded a contract (hereinafter “instant contract”) with the Plaintiff on a contract-based urban residential housing (including value-added tax) located in Gangseo-gu, Gangnam-gu, Seoul (hereinafter “instant housing”) to provide the construction cost of KRW 680,000,000 for construction work.

The details of the instant contract are as follows.

The commencement date: The scheduled completion date of October 22, 2012: The first intermediate payment of KRW 94,000,000 as the down payment of KRW 94,000 on April 30, 2013 and KRW 94,000 on November 25, 2012 at the time when the first intermediate payment of KRW 94,00,000 was commenced, and the second intermediate payment of KRW 94,000 on December 25, 2012: KRW 94,00,000 on January 25, 2013: The delay rate of payment of the progress payment of KRW 210,00,000 on February 25, 2013: the delay rate of KRW 1/100, 100, 100, 100, 100, and 10/100: the delay rate of payment of the completion payment of the construction works and other details:

The Defendant paid the Plaintiff KRW 470,000,000,000, in total, of the down payment or the fourth intermediate payment, around the relevant payment day.

After filing the instant lawsuit, the Defendant remitted KRW 80,000,000 to the Plaintiff around April 8, 2014, which was the date of filing the instant lawsuit.

C. The Defendant occupied the instant house 701 around June 9, 2013, and obtained approval for use on or around July 16, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion ① The amount that the Plaintiff would receive from the Defendant: (a) the balance of the construction cost under the instant contract; (b) KRW 210,00,00; (c) the additional construction cost of KRW 35,850,000; and (c) the amount that the Plaintiff would pay to the Defendant on behalf of the Defendant on October 19, 2012; (b) the amount that the Plaintiff would pay to the Defendant on behalf of the Defendant: KRW 561,00; (a) the purchase cost of the sign; (b) KRW 15,134,00; (c) the cost of the electronic equipment purchase of the 14th unit of (a); and (d) the cost of installing the 7th unit of boiler 40,00; (d) KRW 400,00,00; and (e) the cost of installing the 7th floor of KRW 600,00; and (e) the remainder of KRW 15,20081.2

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