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(영문) 창원지방법원 진주지원 2018.04.11 2016가합10820
공사대금
Text

1. The Defendant’s KRW 170,97,172 as well as the Plaintiff’s annual rate from April 21, 2016 to April 11, 2018, and the following.

Reasons

1. Facts of recognition;

A. On November 9, 2015, the Plaintiff entered into a contract for construction works with the Defendant for the construction of a new site neighborhood living facility and housing (hereinafter “instant building”) (hereinafter “instant construction works”) (hereinafter “instant construction works”) during the construction period from November 9, 2015 to January 30, 2016, with the contract amount of KRW 350 million.

B. On February 5, 2016, the Plaintiff changed the construction period from February 5, 2016 to March 31, 2016, among the terms and conditions of the said contract, to the period from March 31, 2016, and classified the contract amount into KRW 100 million for the contract deposit, intermediate payment of KRW 50 million, and the balance of KRW 200 million for the remainder payment, and entered into a modified contract with the Defendant 20 days after the date of completion.

C. On April 1, 2016, the Plaintiff completed the instant building and delivered it to the Defendant, and the Defendant completed the registration of ownership preservation in the name of the Defendant on April 5, 2016 after obtaining approval for use of the instant building.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4 (if there are additional numbers, including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, and 17, the purport of the whole pleadings

2. Determination as to the cause of claim

A. The fact that the plaintiff had completed the building of this case and delivered the building of this case to the defendant is as seen earlier. Thus, the defendant is obligated to pay to the plaintiff delayed payment from the date of the payment (20 days after the date of completion) for the remaining 200 million won after deducting the plaintiff's KRW 150 million, which is recognized to have been paid the construction price of this case from KRW 350 million (i.e., KRW 350 million - KRW 150 million) and the due date (20 days after the date of completion).

B. The Plaintiff asserts that the additional construction cost is obligated to pay the Plaintiff additional construction cost of KRW 13.7 million and damages for delay, since the Plaintiff paid KRW 13.7 million to the additional construction cost, which is the additional construction cost, which installs floor stairs, attached straws, etc.

The contractor's additional construction cost claim shall be completed.

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