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(영문) 부산지방법원동부지원 2019.03.13 2017가단209664

공사대금

Text

1. The Defendants jointly share KRW 54,104,379 with respect to the Plaintiff, and 5% per annum from February 15, 2017 to March 13, 2019.

Reasons

1. Basic facts

A. On March 15, 2016, the Plaintiff: (a) determined the interior works of the Plaintiff’s Child Care Center E located in Busan Metropolitan City D (hereinafter “instant construction works”); (b) as construction cost of KRW 75,000,000 (excluding value-added tax; hereinafter “instant construction cost”); and (c) received contracts from the Defendants.

(hereinafter “instant construction contract”). B.

On May 3, 2016, the Plaintiff completed the instant construction work.

C. The Defendants paid the Plaintiff KRW 45,00,000,000 in total, as the construction cost, KRW 30,000 on March 25, 2016, and KRW 15,000 on April 26, 2016.

Meanwhile, in relation to the instant construction project, defects such as defective construction and non-construction, such as the attached Form list, have occurred, and the cost of KRW 3,760,167 is required to repair the said defects.

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, Eul evidence 1 (including a tentative number, if any; hereinafter the same shall apply), appraiser F's appraisal result, the purport of the whole pleadings

2. According to the above facts as to the claim for the payment of the construction cost of this case, the Defendants, a joint contractor, are jointly obligated to pay to the Plaintiff the said amount of the construction cost of KRW 45,00,000,00, and the said amount of the defect repair cost of KRW 3,760,167, plus KRW 48,760,167, and the said amount of the defect repair cost of KRW 26,239,83 (=75,000,000 - 48,760,167), and delay damages therefrom.

3. Determination as to the claim for additional construction cost

A. The gist of the Plaintiff’s assertion was that the Plaintiff performed additional construction work equivalent to KRW 35,98,700 upon the Defendants’ instruction or demand, and in addition, the Plaintiff took charge of the closure of the said E-care center with the amount equivalent to KRW 2,100,000, and accordingly, the Plaintiff took charge of the closure of the said E-care center. As such, the Defendants’ additional construction cost was the sum of KRW 35,988,700 and KRW 2,100,000 with the said additional construction cost (= KRW 35,98,700, KRW 2,100,000 with the said additional construction cost (= KRW 35,98,700 with the said additional construction cost) and KRW 35,50,000 with the said additional construction cost deducted from KRW 35,988.