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(영문) 수원지방법원성남지원 2017.07.14 2016가단204850

공사대금

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 55,199,135 to the Plaintiff (Counterclaim Defendant) and its related amount from November 16, 2013 to July 14, 2017.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On May 13, 2013, the Plaintiff entered into a construction contract with the Defendant with respect to the construction work for the extension work of the warehouse located in Gwangju-si (the fourth floor and the first floor above the ground; hereinafter “instant warehouse”) (hereinafter “instant construction work”).

Construction period: Total construction amount from May 14, 2013 to July 31, 2013: 245,680,000 won [the contract amount: 70,000,000 won (the contract amount: May 13, 2013): 120,000,000 won, and the intermediate payment: 5,680,000 won (within 15 days after the completion of construction)];

B. During the instant construction works, the Plaintiff agreed with the Defendant to perform additional construction works as follows and receive the payment.

1) Construction on the right side of underground transmission: 1,193,700 won for access roads to village: 1,983,700 won for access roads to village: 3,038,700 won for underground transmission; 3,038,000 won for materials and personnel expenses for the left side of underground transmission surface: 2,063,875 won for materials and personnel expenses for the left side of underground transmission surface; 500,000 won for practical containers: 150,000 won for working expenses: 8,000 won for total of 9,729,275 won for working expenses;

C. On October 31, 2013, the Plaintiff completed the instant construction and additional construction.

[Ground of recognition] Each entry of Gap evidence Nos. 1 through 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Determination

A. According to the above facts, the defendant is obligated to pay the remaining construction cost of KRW 55,680,00 and the additional construction cost of KRW 9,729,275 in total to the plaintiff 65,409,275.

B. Judgment on the Defendant’s assertion 1) Defects such as the defect repair and the construction of this case, and the cost of the defect repair is KRW 10,210,140 (including value-added tax) [including value-added tax] [the health zone, the 1st floor structural drawing, and the 1,800,540 (in order to prevent any alteration to the bones) on the roof structural drawing on the ground that there was a non-construction portion, it is not a complete construction but a socially accepted social norm.