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(영문) 대구지방법원김천지원 2017.07.07 2016가합15252

공사대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant (formerly, Mutual Corporation B) was awarded a contract for the new construction of the apartment complex C in the old and American City, and the new construction of the apartment complex C in the old and American City from Si Ss., respectively.

(hereinafter referred to as the “new construction of this case” in combination with each of the above new construction works, and multi-family housing to be newly constructed as the new construction of this case shall be “multi-family housing of this case”). (b)

On March 2015, the Plaintiff was awarded a subcontract of KRW 2,224,50,00 (i.e., the construction cost of KRW 1,547,00,000 for the construction cost of the 2-family complex 2-family complex 2-family complex 2-family complex 1,547,500,000) for the construction cost of the instant new construction project from the Defendant, and the Defendant paid the full amount of the construction cost.

[Reasons for Recognition] Facts without dispute, Gap evidence 2-1, 2-2, Gap evidence 16-1, 2-2, Eul evidence 2, the purport of the whole pleadings

2. Judgment on the primary cause of the claim

A. Based on the total floor area calculated by the Defendant, the Plaintiff calculated the total construction cost of KRW 600,000 on the basis of the total floor area as calculated by the Defendant. The total floor area of the balcony does not include the balcony area, and thus, the costs of balcony construction are not included in the said construction cost.

Nevertheless, the Defendant demanded construction of balcony expansion which is not included in the construction cost without any delay, and the Plaintiff performed this.

Therefore, the Defendant is obligated to pay to the Plaintiff the construction cost of KRW 484,768,80 for the construction cost of the balcony construction area of KRW 807.948 (=1 complex of KRW 578.340, KRW 229.608) (=807.948 square x 600,000) and damages for delay.

B. According to the evidence Nos. 4-1, 2, 5-1, 5-8, 1, 2-1, 8-2, 13-1, 13-2, and 2 of the evidence Nos. 4-1, 5-2, the Plaintiff’s area of one complex is 2,433 square meters (i.e., total floor area of 8,044.707 square meters and 3.3057 square meters, hereinafter the same shall apply), 1,151 square meters = total floor area of 3,806 square meters.