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(영문) 제주지방법원 2020.02.13 2017가합779

공사대금

Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 82,881,576 and its amount from August 23, 2017 to February 13, 2020.

Reasons

The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant B”) entered into a subcontract for construction works with the content that Defendant B would subcontract the construction cost of KRW 341,00,000 to the Plaintiff (hereinafter “instant landscaping construction works”) with the construction cost of KRW 341,00,000 as well as the construction cost of “E” located at Jeju.

The above “E” is a four complex, a 14-household scale for a single house, and approval for use for each of the said single houses was granted around November 2016 and around May 2017.

Defendant B paid to the Plaintiff KRW 150,000,000 as the price for the instant landscaping project.

[Ground of recognition] Facts without dispute; Gap evidence Nos. 1 and 2; the appraisal result by appraiser F on Nov. 16, 2018; the gist of the parties’ assertion as to the ground for claim of the entire purport of the pleadings; ① The Landscaping was partially changed to defendant B’s request after the commencement of the pleading; and there were parts of the construction as modified and the removal and re-construction.

With regard to such changes, the Plaintiff and Defendant B came to prepare the “SIB B” list.

In the calculation based on the above landscaped construction cost comparison table, the plaintiff constructed a construction project equivalent to KRW 351,13,753, including the portion of reconstruction after additional construction or removal.

Therefore, Defendant B is obligated to pay the Plaintiff KRW 150,00,000, which was paid at KRW 351,133,753 as the price for the landscaping construction of this case, including the modified additional construction cost, and the remainder of KRW 197,815,100, which remains after deducting KRW 3,318,653 as the cost for the repair of defects as a result of the appraisal of defects.

② In addition to the landscaping project in this case, the Plaintiff was awarded a subcontract for some of the construction works, and the said Defendant was the Hdong of the G Building at Jeju for the payment of some of the construction costs.