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(영문) 부산지방법원 2020.06.02 2018가단314444

공사대금

Text

1. The Defendant’s KRW 119,877,644 for the Plaintiff and KRW 5% per annum from July 19, 2018 to February 10, 2020 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 2017, the Defendant made an oral contract to the Plaintiff for the change of the purpose of use of resting restaurants (carfs) with respect to part of the 1st floor, 2nd floor E, and F of the 3rd floor of the 1st floor of the 3rd floor of the 1st floor of the 2017

(hereinafter referred to as the “instant construction,” and the said contract is deemed to be the “instant contract”). B.

As the plaintiff's representative director and the defendant have a close relationship with the plaintiff, the defendant agreed only on the contents of the construction while entering into the contract of this case, and agreed to pay the construction price agreed upon after completion of bond construction for which the construction price has not been separately determined.

C. The Plaintiff and the Defendant drafted a contract document stating the instant construction cost of KRW 1,140,00,000 (excluding value-added tax) and the construction period from July 3, 2017 to November 16, 2017 for the purpose of submitting the instant construction cost to obtain a loan from a financial institution.

On November 2017, the Plaintiff completed the instant construction work as a policeman.

E. The Defendant paid KRW 440,000,000 to the Plaintiff out of the construction cost of this case.

F. After completion of the construction, the Plaintiff prepared and issued a detailed statement of the construction cost prepared on the basis of the actual cost as the construction cost and the additional construction cost, and requested the payment of the unpaid construction cost upon claiming KRW 583,00,000 as the construction cost of the instant case, but filed the instant lawsuit as the Defendant did not comply therewith.

G. An appraiser G appraised the instant construction cost as KRW 559,877,644, as indicated in the separate sheet of construction cost, by applying the ratio of calculating the cost of direct material and the cost of direct labor to the cost of construction announced by the Public Procurement Service.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1, 2, and 3 evidence, appraisal of appraiser G by this court, each supplementary appraisal commission, each fact-finding reply, the purport of the whole pleadings

2. The Parties.