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(영문) 수원지방법원 2019.02.14 2018나66050

공사대금

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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On August 18, 2016, the Plaintiff entered into a contract (hereinafter “instant contract”) with the Defendant for the instant construction works for the waterproofproof of lebane on the rooftop of the building in Sungnam-si (hereinafter “instant building”) (hereinafter “instant construction works”). The main contents of the contract are as follows.

3. Contract price: The 60,500,000 won (Won 60,500,000).

(a) Value of supply: Ocheon million won (Won 55,000,000);

(b) Value-added tax: 500,000 won (Won 5,500,000).

4. Period: Commencement on August 22, 2016: Payment on September 30, 2016;

(a) Contract deposit: 30% - Time of payment: Before commencement of works;

(b) part payments: 30 per cent - Time of payment: When the construction progress is achieved at least 70 per cent;

(c) Balance: 40 per cent - Time for payment: The intermediate payment shall be paid according to the progress of the construction project within 14 days after completion;

B. The Defendant paid the Plaintiff KRW 48,400,000 as the construction cost of the instant case until now.

[Reasons for Recognition] Unsatisfy, Entry of Evidence No. 3, the purport of the whole pleadings

2. Determination as to the cause of action

A. Since the Plaintiff’s assertion completed the instant construction, the Defendant is obligated to pay 1,50,000 won for the remainder of the construction (60,500,000 won - 48,400,000 won for the removal of rooftop fixtures, 4,500,000 won for the construction cost of rooftop pipelines, and 21,60,000,000 won for the construction cost of parking lot entrance painting, and 3,50,000 won for the delayed payment (12,10,000 won for the 1,50,000,000 won for the 1,50,000,000 won for the 4,50,000,000 won for the 1,50,000,000 won for the 3,500,000 won for the delay payment.

B. The fact that the Plaintiff completed the construction work in accordance with the instant construction contract, and agreed to the construction cost of KRW 60,500,000 is either the same as seen earlier or there is no dispute between the parties.

Therefore, barring any special circumstance, the Defendant calculated the remainder of KRW 12,100,00 ( KRW 60,500,000 - 48,400,000) by deducting the Plaintiff’s 48,40,000 from the said construction cost of KRW 60,500,000, barring any special circumstance.