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(영문) 대구지방법원김천지원 2015.07.22 2014가단9188

공사대금

Text

1. The Defendant: (a) KRW 38,469,152 to the Plaintiff, as well as KRW 6% per annum from June 21, 2014 to July 22, 2015.

Reasons

1. Basic facts

A. The Plaintiff is a corporation that runs steel-rein-market 13 and 223 in the old-si gold market.

B. On April 2014, the Defendant requested the Plaintiff to construct a new house located in Kimcheon-si, Kimcheon-si (hereinafter “instant construction”). At the time, the structural construction and external brick construction were partially carried out.

C. The Plaintiff and the Defendant agreed on the instant construction cost of KRW 95 million, and received an additional contract for KRW 8,794,000 for the construction cost around June 2014.

C. The Defendant paid to the Plaintiff KRW 30 million on May 2, 2014, KRW 30 million, KRW 30 million on May 30, 2014, and KRW 60 million on the aggregate.

On June 20, 2014, the Plaintiff completed the instant construction work.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, witness C's testimony, purport of whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the instant construction cost is KRW 103,794,00 in total (i.e., KRW 8,794,00 in additional construction cost of KRW 95 million), and the Defendant paid KRW 60 million to the Plaintiff, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 43,794,000 in total (= KRW 103,794,00 in total - KRW 60 million) and delay damages therefrom.

B. The defendant's assertion argues that the defendant agreed on the construction cost of this case at KRW 86 million, and that the plaintiff should deduct the non-construction cost or the defect occurred.

First of all, according to the reasoning of the recognition as above, in the case where the Plaintiff saw the interior works to the Defendant as a tiny, the Defendant presented an estimate by dividing the construction cost into KRW 102,628,00 where the Plaintiff 78,204,00 and 102,628,000 where the Plaintiff saw the interior works to the Defendant, and the Defendant selected the tiny, at the above 102,628,000 at the discounted rate of 7%, and at the above 102,628,000, determined the construction cost as KRW 95,00 (102,628,00 x 93% = 95,44,00). Thus, the Defendant’s assertion as to this part

(2) The following: