beta
(영문) 대구지방법원상주지원 2020.07.21 2018가단7312

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 5,269,00 to the Plaintiff (Counterclaim Defendant) for KRW 5,269,00 and for this, from August 2, 2018 to July 21, 2020.

Reasons

1. Facts of recognition;

A. On November 23, 2017, the Plaintiff entered into a contract with the Defendant for construction works and interior works for remodeling and interior works for KRW 231,00,000,000.

(hereinafter “instant construction project”). (b)

이후 원고와 피고는 이 사건 공사대금에서 D 타일공사, 툇마루 타일공사, 창고공사를 하지 않기로 하고 관련 공사비 34,650,000원(부가가치세 포함)을 감액하였다.

C. The Plaintiff completed the instant construction work, and received KRW 176,00,000 in total,00,000,000 on December 5, 2017 from the Defendant as the construction price, and KRW 88,00,000 on December 13, 2017, and KRW 44,000 on February 2, 2018, and KRW 11,00,000 on March 13, 2018.

[Ground of recognition] Facts without dispute, Gap 1 through 9, Eul 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion added 12,016,587 won from the balance of the instant construction work (231,000,000-176,000,000) to the cost of removing retaining wall and glass construction, and deducting KRW 34,650,00 from the cost of other construction and warehouse construction, the remainder remains 32,36,587 won (including value-added tax).

B. The Defendant alleged that the instant construction works resulted in the defect repair costs of KRW 38,236,00, KRW 43,290,000, KRW 5,962,00, KRW 00, KRW 2,739,000, KRW 11,770,000, KRW 11,00, KRW 101,97,00, KRW 00, KRW 43,290.

3. Additional construction works and defect repair expenses;

A. There is no evidence to prove that there was an additional arrangement regarding retaining wall removal and glass construction in addition to the instant construction contract for the additional construction project.

B. According to each of the above evidence of defect repair expenses, Eul 3 to 14, and the result of the appraisal commission to appraiser E by this court, the following facts can be acknowledged:

The amount recognized as the basis for the separate defendant's assertion

(a) Specifications of KRW 38,236,000 for the destruction of a first floor of another floor;

7. 0 won stated as the “sleeping of the floor” (A. 1 and 8 pages).

(b) System Changho Construction failure 43,290,000 won - The specifications and estimates shall be heading in Stains.