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1. The Defendant’s KRW 56,00,000 and the Plaintiff’s annual rate of KRW 6% from October 24, 2014 to April 6, 2017.
Reasons
1. Basic facts
A. The Plaintiff is a company aimed at real estate development business, etc., and the Defendant is the owner of Kimpo-si B and C’s land (hereinafter “instant land”).
B. On September 2014, the Plaintiff concluded the instant construction contract (hereinafter “instant construction contract”) with the Defendant with respect to the civil construction works for building sites for the instant land (hereinafter “instant construction works”) as follows.
1. Construction name: Civil engineering works;
2. Construction place: The land in this case; and
3. 1) Fluoral retaining wall 2) : Reinforcement of reinforced soil retaining wall 150 meters in height of 2 meters in total length: 40cm in thickness x 1m x 3m in width: 2,000 Legal surfaceno; D/ residual construction;
4. Construction period: 140,000,000 won (excluding value-added tax) for the total construction cost on December 15, 2014;
6. Payment contract deposit for construction costs (10%) : Three days (14,000,000 won) after the filling-up work commences after the filling-up work commences: The balance (30%) after the completion of the filling-up work (42,00,000 won) : The remainder (42,000,000 won) after the filling-up work is completed (30%) : The remainder shall be paid when the lease of 80% is performed;
80% shall not be paid when it becomes known.
(42,000,000)
On September 13, 2014, the Plaintiff started the instant construction and completed the banking work by October 23, 2014.
However, the Plaintiff suspended the instant construction because the Defendant did not pay the down payment and the first intermediate payment on the ground that the design would be changed even after the banking work was completed.
E. Since then, the Plaintiff notified the Defendant on November 26, 2015 and January 31, 2016, that the Plaintiff paid the Defendant KRW 67,760,000, in total, the down payment and the first intermediate payment and profit, and value added tax pursuant to the instant construction contract.
[Ground of Recognition] Unsatisfy Facts, entries and images of Gap evidence 1 through 5 (including additional numbers), witness E's testimony, purport of whole pleadings
2. Determination on the cause of the claim
(a)The occurrence of the obligation to pay the down payment and the first intermediate payment is recognized;