공사대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that the construction contract was concluded with the Defendant as shown in the attached claim list.
The construction cost to be paid to the Defendant by the Plaintiff is 166,505,000 won in total.
(Amount of value-added tax equivalent to 10% of the total amount of the claim list plus 15,136,818 won). However, due to the signboard fall in B as seen below, the Defendant spent 64,367,256 won in total of the expenses for ceiling repair, structural diagnosis and inspection, the amount of the victim’s agreement and treatment, and the expenses for damage evaluators.
Of these, 32,183,628 won, which is the part to be borne by the plaintiff (50%) shall be deducted from the construction cost.
In addition, the six construction contracts should be deducted from the construction cost of KRW 10,000,00.
Therefore, the Defendant is obligated to pay the remainder of KRW 124,321,372 (16,505,00-32,183,628-10,000) to the Plaintiff.
2. Judgment on the plaintiff's assertion
A. The construction contract was concluded between the Plaintiff and the Defendant as stated in the part of the construction contract in the 1 to 5 table of claim details, and the fact that the Plaintiff completed the construction work is either a dispute between the parties or can be acknowledged by comprehensively taking into account the purport of the entire pleadings.
Therefore, the Defendant is obligated to pay the Plaintiff the total construction cost of KRW 58,905,00 (the total construction cost of KRW 53,550,000 plus value-added tax of KRW 10%).
(The plaintiff asserts that it should be deducted on his own, will be examined in the judgment of offset against the defendant.)
On August 25, 2013, the fact that the contract was concluded between the Plaintiff and the Defendant’s part of the contract for construction work entered in the claim list No. 6 is no dispute between the parties.
However, as alleged by the Plaintiff, whether the construction cost has been set at KRW 141,00,00, whether the Plaintiff completed the construction, and whether the payment of the construction cost has been made therefrom up to KRW 97,818,182 (excluding value-added tax) shall be examined.