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(영문) 대구지방법원 2016.08.11 2014가단47594

공사대금등

Text

1. The Defendant’s KRW 5,334,652 as well as the Plaintiff’s KRW 6% per annum from October 24, 2014 to August 11, 2016, and the following.

Reasons

1. On May 9, 2014, the Plaintiff was awarded a contract for new construction of the Daegu-gu Multi-Family Housing and Retail Stores by the Defendant.

The plaintiff completed the construction and completed registration of preservation of ownership on October 6, 2014.

The Defendant paid the Plaintiff KRW 310,000,000 as the construction price.

(2) The court below found that the defendant's assertion that the plaintiff paid additional KRW 560,000,000,000,000,000,000 won was changed later, but according to the argument, it cannot be recognized that the plaintiff paid it as the price for construction since it was the survey cost).

A. The Plaintiff’s assertion 1) The total construction cost of the Plaintiff is KRW 350,00,00, and among which the Plaintiff was not paid KRW 40 million. The Plaintiff also did not pay KRW 620,000,000 for the construction cost. In addition, the Plaintiff’s additional construction cost of KRW 2,934,00,000 for the new additional construction work, KRW 1.5 million for the floor drawings, KRW 1.5 million for the additional construction work, KRW 3898,390, and KRW 1.25 million for the additional construction work, including the upper object additional construction work, KRW 3898,390, and gas pipes. However, the Plaintiff and the Defendant agreed to pay KRW 10,000,000 for the construction cost of the oral additional construction work between the Plaintiff and the Defendant, which was promised to the Defendant, and thus, the Defendant did not pay KRW 300,000,00 for the damages for delay to the Plaintiff.

The plaintiff's construction works caused defects or erroneous constructions such as non-installation of air-conditioning pipes, water leakage pipes, installation of water drain pipes for the first floor, installation of double-story 2,3, and installation of water drain pipes for the second floor, burial of buildings, cutting of beams in the underground parking lot for the first floor of waste, misunderstanding that the height of stairs for the first floor is lower, the height of stairs for the second floor is lower, the height of stairs does not fit, and the installation of small door door for the first floor, the installation of small door door for the second floor, and the installation of middle water drain for the fourth rooftop.