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(영문) 서울중앙지방법원 2019.09.25 2018가합515994
공사대금
Text

1. The Defendant’s KRW 617,401,240 as well as the Plaintiff’s KRW 15% per annum from March 23, 2018 to May 31, 2019.

Reasons

1. Basic facts

A. 1) On September 8, 2016, the Plaintiff entered into a construction contract with the Defendant and the Plaintiff’s F Hotel located on the Plaintiff’s Suwon-gu C, D, and E ground (hereinafter “instant building”).

2) The construction of extension, interior, interior, etc. (hereinafter referred to as “instant construction”)

(1) A contract for the first construction contract in the instant case (hereinafter referred to as “the instant first construction contract”) with the effect that the construction period as from September 9, 2016 to February 20, 2017 and the construction cost as from February 20, 2017 shall be KRW 2.75 billion (including value-added tax) to the Defendant.

(2) On December 27, 2016, the Plaintiff and the Defendant concluded a modified contract with G Co., Ltd. (hereinafter referred to as “G”) with respect to the subordinate structure works among the instant construction works; the Fire Services Corporation separately concluded a contract with H (I); and the Plaintiff entered into a contract with H (I) for the instant construction contract after deducting the construction cost of the instant first construction contract from KRW 34,210,000 and KRW 16,500,000,000,000,000,000,000 and the construction period from September 9, 2016 to May 10, 2017 (hereinafter referred to as the “instant modified contract”); and, in addition to the instant first construction contract and the instant construction contract, the instant construction contract were concluded (hereinafter referred to as the “instant construction contract”).

(The contract date stated in the contract shall be September 8, 2016). (b)

Pursuant to the instant construction contract, the Plaintiff paid the Defendant the sum of KRW 412.5 million on September 8, 2016, and KRW 912.5 million on October 25, 2016, the first intermediate payment of KRW 500 million on October 25, 2016.

C. On May 10, 2017, the Defendant terminated the construction contract, and the Plaintiff was unable to perform construction works under the instant construction contract. Since the instant construction works were suspended from the Defendant on May 10, 2017, and on March 1, 2017, the Plaintiff sent a document verifying the purport that the instant construction contract should be terminated, and return KRW 674,302,081, excluding KRW 91,250,000,00,000,000,000,000,000,000,000,000,000,000,000 won.

[Reasons for Recognition] There is no dispute, Gap evidence Nos. 1 through 6, 8, 9.

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