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(영문) 전주지방법원 2015.12.11 2013가합2435
공사대금
Text

1. The Defendant’s KRW 161,186,526 to the Plaintiff, as well as KRW 9% per annum from April 20, 2012 to December 11, 2015.

Reasons

1. Basic facts

A. From February 2011, the Defendant was awarded a subcontract for the construction cost of KRW 1,918,00,000 for the installation work among the construction work of the Mapo-gun in the Mapo-Gun of the Mana-gun, the Mapo-gun Construction Corporation ordered from the Mana-gun Construction Corporation (hereinafter “Mana-gun Construction”).

B. After that, between the Plaintiff and the Plaintiff on August 22, 2011, the Defendant: (a) supplied the Defendant with the system outdoor equipment (e.g., air conditioners, outdoor air conditioners, etc.); (b) KRW 135,300,00 among the construction cost, KRW 135,30,000 for the first intermediate payment, KRW 135,30,000 for the second intermediate payment, and KRW 135,30,000 for the second intermediate payment, and KRW 45,10,000 for the remainder after completing a trial run and submitting the defective performance certificate; and (c) the period for completing the construction shall be KRW 9% per annum at the time of delinquency in paying the price (hereinafter “instant construction work”); and (d) the Defendant concluded the instant construction work as the supply of the instant construction work by October 30, 201.

C. After that, on December 12, 201, the Plaintiff and the Defendant changed the time limit for completion of the instant construction to February 20, 2012, and the price shall be paid as progress payment according to the construction progress rate at the site, and the contract was changed to the effect that the progress payment shall be paid at the end of each month if a claim is filed by the 25th day of each month for the performance by the 20th day of each month.

The instant construction project was completed at the end of March 2012, and on March 29, 2012, the Plaintiff submitted a written claim to the Defendant to claim KRW 179,074,50,00 in total, KRW 126,462,70, and KRW 52,61,80,000 in progress payment, and KRW 52,61,80,00,000, and received a written confirmation that the instant construction was completed from the hanok construction around April 2012.

E. The Defendant paid the Plaintiff KRW 279,405,00 in total with the progress payment for the instant construction project.

[Reasons for Recognition] There is no dispute, Gap 1 to 1.

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