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(영문) 서울중앙지방법원 2019.11.15 2016가단88651

공사대금

Text

1. The Defendant’s KRW 14,314,566 to the Plaintiff, as well as 6% per annum from May 17, 2016 to November 15, 2019.

Reasons

1. Facts of recognition;

A. On April 4, 2016, the Defendant awarded a contract to the Plaintiff for the interior works of the second floor neighborhood living facilities located in Gangnam-gu Seoul Metropolitan Government (hereinafter “instant construction works”).

There was no agreed contract price, etc. between the defendant and the plaintiff that the contract was not prepared.

B. The Plaintiff executed the instant construction until May 2016, and the Defendant completed the instant construction thereafter.

C. The payment of the construction cost of this case seems to have been made by the defendant whenever the plaintiff requests the payment of the construction cost required for the defendant. This is the agreement between the defendant and the plaintiff to pay the construction cost by the method of subsequent settlement of the construction cost.

According to the appraiser D's appraisal results, the base value of the part of the Plaintiff's construction (including value added tax) is as follows.

Items 1: 6,838,045 won 35,746,01 won 102,52,584,046 won 213,258,042 won for electrical construction 4,249,560 won for 17,507,607,602 won for 5,766,651 won for 17,7728 won for 7,542,379 won for 14,795,86 won for 4,980,43 won for 14,776,329 won for 51 underground floors, 19,776,329 won for 25,2257,269 won for electrical construction, 249,6284,297,2989 won for 14,636,297,297,000 won for direct costs for construction.

E. Meanwhile, the Plaintiff did not receive value added tax on the construction cost of this case, and the Defendant paid the Plaintiff KRW 113,700,000 as the construction cost of this case.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, 3, 4, 8, 9, appraiser D's appraisal result, fact inquiry result of E (Appraiser D), overall purport of pleading, rejection evidence: Results of appraiser F's appraisal

2. According to the above facts of recognition, the Defendant appears to have completed the instant construction work from May 17, 2016, which appears to have been concluded by the Plaintiff, as the construction cost of this case (=134,738,929 won (excluding value-added tax) - 113,700,000 won).