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(영문) 서울중앙지방법원 2020.07.03 2019가단5092748

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 20, 2017, the Defendant awarded a contract to the Plaintiff on December 20, 2017 by setting the construction cost of KRW 456,00,000,000 and the date scheduled for completion as 210 days after the commencement of the construction work. The Plaintiff completed the instant construction work on December 6, 2018 and obtained approval for the use of a newly constructed house. The Defendant completed the registration of ownership preservation in its name on December 11, 2018.

B. The Plaintiff asserted that 101,536,375 was required for additional construction costs due to the increase in personnel expenses and material costs during the instant construction project. On February 8, 2019, the Defendant sent to the Plaintiff a statement of additional settlement adjustment, stating the final payment amount as KRW 57,135,075, which was KRW 57,135,075.

C. Meanwhile, on June 20, 2019, the Incheon District Court Branch Decision 2019Kadan11885, which was filed by D against the Plaintiff and the Defendant, the conciliation was concluded with the effect that the Defendant transferred KRW 37,00,000 among the construction cost claims the Plaintiff possessed to D and consented to the said assignment of claims.

[Ground of recognition] Facts without dispute, Gap 1 to 4 evidence, Eul 2 and 3 evidence, the purport of the whole pleadings

2. According to the above facts of determination as to the cause of claim, the plaintiff and the defendant appear to have determined additional construction cost as KRW 57,135,075, and on the other hand, the fact that the plaintiff transferred 37,000,000 out of the construction cost possessed by the defendant to D is as seen above. Thus, the defendant is liable to pay the remaining construction cost to the plaintiff 20,135,075.

I would like to say.

3. Defendant’s assertion and judgment

A. Of the Defendant’s assertion, the amount of KRW 4,860,000 for pre-treatment costs directly paid by the Plaintiff on behalf of the Plaintiff and KRW 17,410,00 for delay damages arising from the Plaintiff’s completion of construction works does not remain when deducting or offsetting from the construction cost of this case, the amount to be paid to the Plaintiff does not remain.

B. (1) Determination is based on the attached Table, such as that the Defendant directly pays bathing costs to E on August 16, 2018.