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(영문) 의정부지방법원 2021.03.18 2020나207674

공사대금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and the appeal shall be 1.

Reasons

1. In the first instance trial, the Plaintiff claimed construction cost of KRW 29,80,00, additional construction cost of KRW 38,791,605, and delayed damages against the Defendant. The court of first instance accepted the claim for construction cost in entirety, dismissed the claim for delayed damages against the construction cost, and dismissed the claim for additional construction cost and delayed damages.

Accordingly, only the Plaintiff appealed the appeal, and the scope of the appeal is interpreted as KRW 38,791,605 of the additional construction cost and partial delay damages as seen in the purport of the appeal. Thus, the subject of the judgment by this court is limited to the claim for additional construction cost and partial delay damages.

2. Basic facts

A. On September 15, 2017, the Plaintiff and the Defendant concluded a contract with the Plaintiff to contract the steel structure construction (hereinafter “instant construction”) from among the strong F temporary buildings (hereinafter “instant construction”) to the contract price of KRW 163,90,000 (i.e., the supply price of KRW 149,000,000, value-added tax of KRW 149,900,000) on the following terms (hereinafter “instant contract”).

- Contract method: Total contract - From September 18, 2017 to November 15, 2017 - The rate of delayed prize: 1/1000 of the contract price per day immediately: Payment of the price (including payment of value added): Advance 20% of the advance payment on September 22, 2017; 30% of the 30% of the 30% of the 30% of the 3rd works site at the time of arrival of the third works site after the completion of the remainder of the 4th works.

B. On September 22, 2017, the Plaintiff received respectively payment of KRW 32,780,000 for the first advance payment, KRW 49,170,00 for the second intermediate payment on September 28, 2017, and KRW 49,170,00 for the third intermediate payment on November 3, 2017.

(c)

Meanwhile, due to the modification of the design drawings in the construction of this case, toilets were added to KRW 6,183,524, and additional construction costs were incurred. The design drawings do not exist (i) the balcony stairs, railing, slots, slots, ii) the green room (Grerereman), and (iii) the stand.