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(영문) 창원지방법원 2016.11.03 2014가합3146
공사대금
Text

1. The Defendant’s KRW 16,848,80 for the Plaintiff and 5% per annum from March 22, 2013 to November 3, 2016.

Reasons

1. Basic facts

A. On December 22, 2012, the Defendant was awarded a contract for B (including value-added tax) with the Air Force Central Management Body of Korea (hereinafter “instant construction”) for KRW 11,445,565,00 on December 22, 2012, for the construction of the joint contractors with Hansung Development Co., Ltd., Young-gu Industries Co., Ltd.

B. The Plaintiff, among the instant construction works, ordered the Defendant to receive a contract for the civil construction works (hereinafter “the instant civil construction works”) of KRW 651,145,00 (including value-added tax). However, on November 15, 2012, the Plaintiff prepared a written subcontract with the Defendant and the Defendant, which set forth KRW 489,786,00 as the price for the instant civil construction works (=value 44,526,000 value-added tax amounting to KRW 44,526,00 (value 445,260,000 x 0.1) with respect to the remaining parts).

(hereinafter “instant contract”). (c)

On or before March 9, 2013, the Plaintiff discontinued the instant civil works, and the Defendant notified the rescission of the instant contract on March 18, 2013.

Meanwhile, until March 11, 2013, the sum of the money claimed by the Plaintiff to the Defendant as the price for the instant civil works is KRW 361,240,000, and the Defendant paid KRW 361,240,000 as the price for the instant civil works as follows.

On December 28, 2012, 113,546,400 2 Defendant paid on January 30, 2013, 2013, 61,467,300 303 March 22, 2013, 22, 10,684,310 5, the Defendant paid directly to the Plaintiff’s sewage supplier on January 30, 2013, 2013.

E. On May 13, 2014, the Defendant additionally paid KRW 10,000,000 to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap 2, 3 evidence, Eul 1 and 2 evidence, the purport of the whole pleadings

2. Determination on the claim for progress payment

A. At the time when the Plaintiff asserted that the construction work of this case was discontinued, only the construction work equivalent to KRW 137,112,672 among the construction work of this case remains and the remainder of the construction work is completed. Therefore, the Defendant completed the remaining construction work. Accordingly, the Defendant paid progress payment under the fair rate = KRW 514,032,328, = 651,145.

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