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(영문) 서울남부지방법원 2018.11.30 2018가단12098
공사대금
Text

1. The Defendant’s KRW 71,500,000 as well as the Plaintiff’s annual rate of KRW 6% from July 4, 2017 to June 25, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who runs interior fishery in the trade name of C, and the Defendant is a person who runs real estate business and construction business in the trade name of D.

B. On November 23, 2016, the Plaintiff entered into a contract with the Defendant that he/she was awarded a contract for interior works, such as tent (hereinafter “instant construction contract”) among the newly constructed construction works for multi-household housing in Pakistan-si (hereinafter “instant construction works”). The key contents of the contract are as follows.

1. Name of construction: Newly built multi-household housing;

4. Construction cost: 115,000,000 won (excluding value-added tax).

5. The method of paying the construction cost (1) (2) the second intermediate payment of KRW 20,000,000 (payment until January 5, 2016) (3) the third intermediate payment of KRW 10,000 (payment until January 25, 2016) (4) the remainder of KRW 55,00,000 (payment until February 20, 2016) of the fourth intermediate payment of KRW 10,000 (payment until February 20, 2016).

6. Change of construction: A design may be changed at the defendant's request during construction, but additional costs arising therefrom shall be borne by the defendant in principle.

C. The Plaintiff completed the instant construction work on July 4, 2017, and completed the completion inspection on July 4, 2017. The Defendant did not pay the Plaintiff the remainder of KRW 71.5 million (the remainder of KRW 10,000 for the third intermediate payment of KRW 10,000,000 for value added tax of KRW 6,50,000 for value added tax of KRW 55,000 for the third intermediate payment of KRW 10,000 for the second intermediate payment of KRW 30,000 for the instant construction work).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings

2. According to the above facts finding as to the cause of claim, the Defendant is obligated to pay the Plaintiff the unpaid construction cost of KRW 71,500,000, and the damages for delay calculated at the rate of 6% per annum under the Commercial Act from July 4, 2017 to June 25, 2018, which is the date of delivery of the copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment, unless there are special circumstances.

3. The defendant.

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