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(영문) 대구지방법원영덕지원 2016.11.24 2014가합293 (1)

공사대금

Text

1. Of the instant lawsuits, the part demanding the payment of KRW 8,903,128 and damages for delay shall be dismissed.

2...

Reasons

1. Basic facts

A. 1) On August 22, 2013, the Defendant entered into the instant modified contract (i) and the Plaintiff, Gyeong Young-gun, Chungcheongnam-gun, and Gyeongbuk-gun, the third floor “A” pension on the third floor size above ground (hereinafter “instant building”).

2) After the completion date of the new construction project, the Plaintiff and the Defendant entered into a contract with the owner on October 10, 2013, the date of the commencement date of the construction project, which was determined as the date of completion of the completion date of the construction project. 2) After which the Plaintiff and the Defendant entered into a contract with the owner on March 10, 2014, to amend the said contract. On January 24, 2014, the Plaintiff and the Defendant received a new estimate from the Plaintiff, and accordingly, entered into a contract with the owner on February 24, 2014, changing the said contract into the construction cost of KRW 1.6 billion (excluding value-added tax), the date of commencement, October 10, 2013, and the date of completion of the completion of the construction project.

(hereinafter referred to as the “instant modified contract” refers to a written estimate for the instant modified contract (hereinafter “instant construction project”). A value-added tax classification of KRW 1.6 billion in the construction cost, and the written estimate for the instant modified contract (hereinafter “instant construction project”). A written estimate for the purpose of the instant modified contract is indicated separately in the item of the construction cost, (i) value-added tax classification, (ii) payment of all kinds of royalties, deposit money, electric power plant expenses, (iii) exclusion from electronic equipment, and (iv) details, and (iii) cost calculation statement attached to the said written estimate, in the form of construction design and supervision cost of KRW 50 million (excluding value-added tax). (b) The Plaintiff obtained approval for the use of the instant building on July 16, 2014.

2) From November 1, 2013 to July 15, 2014, the Defendant paid a total of KRW 1.685 billion to the Plaintiff. (c) The Plaintiff paid KRW 1.685 billion to the Plaintiff as the construction cost. The Plaintiff paid KRW 3,228,00 as the charge for the construction cost of water supply related to the instant building, which was the charge for the construction cost of electricity supply, KRW 2,079,00 on March 24, 2014; KRW 2,079,000 on June 20, 2014; KRW 1,783,110 on June 27, 2014; and KRW 473,000 on June 27, 2014 as the charge for the removal of existing utility poles.

2 The plaintiff also performed the additional construction at the request of the defendant, and the part which was additionally executed differently from the initial design drawing is stated in the additional construction work.