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(영문) 부산지방법원 2016.08.23 2015가단35108

공사대금

Text

1. The Defendant’s KRW 23,948,00 for the Plaintiff and 5% per annum from December 21, 2014 to May 16, 2016.

Reasons

1. Facts of recognition;

A. A. Around July 2017, the Defendant leased C land to B in Yangsan-si. Around August 2014, the Plaintiff entered into a contract with the Plaintiff, setting the price of KRW 154 million for civil engineering and packing works for the said land and construction works for automobile-related facilities on the ground (hereinafter “the entire construction works of this case”) and the construction period from August 22, 2014 to September 30, 2014.

B paid the Plaintiff the construction cost of KRW 35 million on August 20, 2014, and KRW 35 million on October 23, 2014, respectively.

B. On the other hand, around September 2014, the Plaintiff drafted a contract agreement with the Defendant and the instant entire construction works, stipulating the construction cost of KRW 77 million and the construction period from September 25, 2014 to October 30, 2014 (hereinafter “instant contract agreement”).

On September 19, 2014, the Defendant paid KRW 35 million to the Plaintiff.

C. On October 30, 2014, the Plaintiff entered into a modified contract with the Defendant to extend the construction period of the instant newly-built construction to December 20, 2014, and thereafter, the construction amounting to KRW 18,052,00 in total, including the team construction (the pertinent amount of KRW 13,852,00) and the window construction (the pertinent amount of KRW 4.2 million), among the newly-built construction works in this case, was excluded from the construction scope.

The Plaintiff completed the new construction work of this case around December 20, 2014.

[Ground of recognition] Evidence Nos. 1 through 4, Evidence Nos. 1 and 2, Part of Evidence No. 3, and the purport of the whole pleadings

2. The following circumstances, which are acknowledged based on Gap evidence 6-1 to 3, and 7-1, and the purport of Gap evidence 6-1 to 7-1, and witness Eul's witness Eul's testimony and the whole arguments, are as follows: (i) At the request of Eul, not only the contract of this case through D, which is the defendant's real estate management personnel, but also the alteration contract whose construction period is extended thereafter, affixed the defendant's seal; and (ii) until the lawsuit of this case is filed, the defendant did not raise any objection.