beta
(영문) 대전지방법원천안지원 2020.11.24 2019가단102877

공사대금

Text

1. The Defendant’s KRW 18,760,908 with respect to the Plaintiff and 6% per annum from November 1, 2018 to November 24, 2020, and the following.

Reasons

1. Facts of recognition;

A. On March 14, 2018, the Plaintiff entered into a standard contract for construction works between the Defendant and C Hospital Fire Services Corporation (hereinafter “instant construction”) with respect to the construction contract amounting to KRW 132,000,000 (including value-added tax; hereinafter the same shall apply) and the construction period from March 25, 2018 to May 31, 2018.

(hereinafter “instant contract”). (b)

A statement attached to the instant contract is a special engineer’s statement that “no removal or restoration shall be made to the original state,” and among the detailed construction specifications, the cost of removal of pipelines and removal from the outside is set at KRW 1,000,000, and the cost of removal from the work section at KRW 5,000,000.

C. According to the initial design plan, a sprinkler was to be constructed in a sub-stroke, but the ceiling height was changed to a sub-stroke, and accordingly, the pipeline diameter of some sections was changed.

Additional construction cost according to the volume of construction increased by comparing the starting drawings and the completion drawings (=12,509,917) is 13,760,908 won (=12,509,917).

The instant construction commenced on March 26, 2018 and completed the construction on June 26, 2018, and the Defendant was issued a certificate of completion of fire-fighting facilities from the fire-fighting station in Chungcheongbuk-do around June 26, 2018.

[Reasons for Recognition] A without dispute, entry of Gap evidence 1 through 5 (including additional number; hereinafter the same shall apply), appraiser D's appraisal result, the purport of the whole pleadings

2. Determination as to the cause of action

A. After the commencement of the Plaintiff’s assertion, the Plaintiff opened the ceiling inside to improve the inner height, thereby requiring design change. The Plaintiff completed the construction work in accordance with the modified design documents by the Defendant.

Therefore, the defendant is obligated to pay the unpaid amount of KRW 10,00,000 among the original construction cost, additional construction cost due to design modification, KRW 13,760,90, and KRW 23,760,908.

B. According to the above facts of recognition, the Plaintiff completed the instant construction.