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(영문) 대전지방법원 2021.01.26 2020나106617

공사대금

Text

Of the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.

The defendant shall make the plaintiff 25,913.

Reasons

1. Basic facts

A. On October 14, 2015, the Plaintiff was awarded a contract with the Defendant for construction of a new building and its ancillary civil works, the construction cost of KRW 260,000,000 ( separate value-added tax), the construction period from October 20, 2015 to January 31, 2016; and the delayed rate of KRW 1/1000 of the contract amount per day (hereinafter “instant construction contract”; and (b) the newly constructed building was awarded a contract (hereinafter “instant building”). The Plaintiff was granted only architectural design drawings prepared by the Defendant with D General architect offices, and completed the construction of the instant building on January 1, 2016.

(c)

On February 2016, E surveyed the current status of the instant land, which is in charge of the management of a large amount of restoration design, and it was found that the slope of the instant land was different from the content of permission for development activities and permission for mountainous district diversions.

(d)

From February 2016 to March 4, 2016, the date of cadastral surveying, the Plaintiff performed civil engineering works on slopes, etc. of the instant land (hereinafter “civil engineering works in this case”). As of January 2018, the appropriate cost of the instant civil engineering works is KRW 10,051,60, including value added tax.

E. The Defendant completed a cadastral survey, etc. of the instant land on March 4, 2016 and obtained permission for completion of the instant building on July 26, 2016.

[Grounds for recognition] Gap 1-1-2, Gap 8, Gap 9-1-10, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1) Although the Plaintiff completed the construction work based on the instant construction contract by January 31, 2016, the Defendant delayed payment of KRW 148,30,000 among the construction cost, and did not pay KRW 12,00,000 until now.

The defendant is obligated to pay the unpaid construction cost of KRW 12 million and the delayed payment of the construction cost of KRW 12 million.

2) The instant civil engineering works are additional construction works not included in the scope of the instant construction contract, and the Plaintiff is at the request of the Defendant.