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(영문) 대전지방법원 2016.10.13 2015가합1011

공사대금

Text

1. The Defendant’s KRW 244,222,376 as well as the Plaintiff’s annual amount of KRW 5% from April 14, 2015 to October 13, 2016, and the following.

Reasons

1. Presumed facts

A. The Plaintiff is a company running indoor construction business.

On March 20, 2011, the Plaintiff entered into a contract with the Defendant for the construction work of metal windows (hereinafter “existing construction work”) at KRW 331,545,524 among the new construction works of building B in Chungcheongnam-si, Chungcheongnam-si. Accordingly, the Plaintiff entered into a contract with the Defendant for the construction work of KRW 331,54,524. Accordingly, the Plaintiff entered into a contract for the steel and

B. The Plaintiff, while performing the above construction, changed the construction from a general window to a smoke hold upon the Defendant’s request, and executed the construction by changing the existing design to a watchbook.

C. After doing so, the Defendant demanded the Plaintiff to construct two storys on the 8th floor building, and the Plaintiff completed the construction of the Switzerland additionally.

The construction cost of the above part of the construction work executed by the Plaintiff after addition and modification of the existing construction work is KRW 272,226,852, and the Defendant paid KRW 359,550,000 to the Plaintiff until now.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1, appraiser C's appraisal result, purport of whole pleading

2. According to the facts of the determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of construction cost of KRW 244,222,376 (i.e., the additional construction cost of KRW 331,545,524 and the modified construction cost of KRW 272,226,852 - the fixed payment amount of KRW 359,550,000) and damages for delay calculated at the rate of 5% per annum from April 14, 2015 to October 13, 2016, which is the date of issuance of a copy of the complaint sought by the Plaintiff, and from the following day to the date of full payment, the damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, which is the date of the decision

3. Judgment on the defendant's assertion

A. At the time of entering into an existing construction agreement, the Defendant: (a) decided that “the Plaintiff shall be only material costs and personnel expenses, regardless of profit, on the condition that it will receive the existing construction works.”

The defendant shall settle accounts and make payments, and shall make any other additions or changes.