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(영문) 서울중앙지방법원 2021.01.14 2019가단5044596

공사대금

Text

1. The Defendant’s KRW 29,542,877 as well as the Plaintiff’s 5% per annum from November 19, 2018 to January 14, 2021.

Reasons

1. Basic facts

A. On September 19, 2017, the Defendant awarded a contract to Nonparty C and D for the construction of a five-story multi-household housing (hereinafter “instant housing”) on the ground of Seodaemun-gu Seoul, Seodaemun-gu, Seoul (hereinafter “instant new construction”).

After completing the completion inspection of the new construction of this case, they agreed to extend the construction to the same structure as the second generation of the fourth floor and the second generation of the fifth floor to the second generation of the third floor of the second floor of the housing of this case (=(4 floor extension area of the fourth floor of 12.35 square meters) ¡¿ KRW 124,236,000 (4,200 per square year).

B. Since then, the said C and D completed the new construction of the instant case, but the said extended construction was not performed by the Defendant due to the occurrence of dispute with the Defendant.

(c)

On July 2, 2018, the Defendant obtained approval for the use of the instant house, and entered into a contract for the extension works of the 4,5th floor (hereinafter “instant extension works”) with the Plaintiff operating a F architect office on July 14, 2018 (hereinafter “instant contract”).

The main contents of the instant contract are as follows.

Construction Contract

1. Contract title: Extension work of Seodaemun-gu Seoul Western Corporation;

2. Site location: Seodaemun-gu Seoul Metropolitan Government E.

3. Construction period of 1) 4,5 stories extension (area 30 py) 2: 18 July 18, 2018 to September 18, 2018.

4. Contract amount: Won 1,50,000 won per day (Won 1,50,000,000): Value-free chest 1): The remainder (3) 50,000 won per annum (after the completion of construction of stone) in the middle of 50,000 won: 50,000 won (after the completion of construction of stone).

5. Terms and conditions: (i) inclusion of the same size and materials as those of the third floor in the same outer room (if inevitable, to the same level as the latter is to be constructed);

4) Legal compensation shall be paid for any damage incurred due to the delay in construction without any condition, which is not responsible for the part due to the failure to perform existing construction works.

In October 10, 2018, the Plaintiff completed construction of outer walls on the completion date of the instant extension project.