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(영문) 수원지방법원 2020.06.11 2019나60967

공사대금등

Text

The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 20,025,00 on August 18, 2018.

Reasons

1. Facts of recognition;

A. On February 1, 2018, the Plaintiff concluded a construction contract (hereinafter “instant construction contract”) with the Defendant setting the total construction amount of KRW 61,50,000 with respect to restaurant interior works as KRW 61,50,00 (Additional tax; hereinafter the same shall apply).

B. The Plaintiff completed the construction on May 12, 2018, and completed the repair and reinforcement of defects upon the Defendant’s request by the 17th day of the same month.

C. Of the construction cost of KRW 61,500,000 under the instant construction contract (i.e., separate construction cost of KRW 53,000,000,000), the part pertaining to the details of the Plaintiff’s failure to perform directly by the Defendant who is the contractor (i.e., KRW 8,500,000) is KRW 3,050,000 (i.e., KRW 600,000 for a signboard relocation ② KRW 3,000,000 for each private car signboard of KRW 3,40,000).

The Plaintiff received total of KRW 54,120,000 from the Defendant as the title of the instant construction cost.

E. Meanwhile, in the process of performing the instant construction, the Plaintiff entered the additional construction in consultation with the Defendant, such as the removal of mergies, and the amount of the additional construction is stated in the relevant written estimate as “9.85 million won without the indication of “Additional Tariff Classification”.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, 4, Eul evidence 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the facts of the recognition of the original construction cost, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 10,175,000, excluding the remainder of KRW 54,120,00,00, which was paid by the Plaintiff from the construction cost of this case after deducting the portion that the Plaintiff had not been built from the construction cost of this case x 1.1.

B. As to the additional construction cost, the Plaintiff asserts that the additional construction cost should be paid in a separate amount of KRW 9.85 million as stated in the written estimate, but the following circumstances, i.e., the construction cost under the instant construction contract, which may be known by comprehensively taking account of the respective descriptions and arguments in subparagraphs B and 4.