beta
(영문) 서울동부지방법원 2018.04.25 2017가합108835

공사대금

Text

1. The Defendant’s KRW 1,674,00,000 as well as 6% per annum from September 1, 2014 to September 14, 2017, and the following.

Reasons

1. Facts of recognition;

A. On September 20, 2013, the Plaintiff received from the Defendant the construction period of Fdcote construction work from the Defendant on the 10th floor of Songpa-gu Seoul Fashion Center B, Songpa-gu, Seoul, with the construction period of KRW 2,750,000,00.

B. On April 29, 2014, the Defendant changed the construction period to KRW 3,135,000,000 (the first change), and on May 12, 2014, the construction period again changed to August 30, 2014.

(2) the second change. (c)

On the other hand, at the Defendant’s request, the Plaintiff installed construction works, such as the installation of virtue twits, other than the instant construction works, and the construction cost is KRW 461,00,000.

The Plaintiff completed the instant construction work on or around August 2014, and received KRW 1,922,00,000 as the construction price from the Defendant until March 21, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-4, the purport of the whole pleadings

2. According to the facts found above, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 1,674,02,00 (i.e., KRW 3,135,00,000 for additional construction cost of KRW 461,002,00 for the main construction cost of KRW 3,135,00,000 for the main construction cost - The amount of KRW 1,922,000 for the term payment under the second modified contract after the date following August 30, 2014, which is the expiration date of the construction period under the second modified contract, which is to be claimed by the Plaintiff from September 1, 2014 to September 14, 2017, the delivery date of a copy of the complaint, calculated annually by 6% under the Commercial Act from September 14, 2014 to September 14, 2017.

On the other hand, the defendant asserts that the period of extinctive prescription has expired on May 15, 2017, three years after the date following May 15, 2014, which was the termination date of the first alteration contract, since the second alteration contract was concluded formally only.

However, there is no evidence to acknowledge that the second modified contract, which is a disposal document, was concluded formally as the defendant's assertion. Thus, the time limit for payment of the plaintiff's claim for the construction cost should be August 30, 2014, which is the expiration date of the construction period under the second modified contract.