beta
(영문) 부산지방법원 2017.11.22 2016나13779

약정금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a person who engages in construction business with the trade name “C,” and the Defendant is the owner of the land D in Chungcheongnam-gun, Gyeongnam-gun. 2) On May 24, 2013, the Plaintiff was awarded a contract with the Defendant for the construction period of construction of the new construction of the aggregate sand position board housing (hereinafter “instant housing”) on the ground of the D site in Gyeong-gun, Gyeongnam-gun (hereinafter “instant construction”) from May 24, 2013 to the end of August 2013.

3) Since then, the original and the Defendant added the content of the construction to the extent that the construction was included in the first construction contract of the instant construction project, and accordingly, agreed on the final construction cost of KRW 46,000,000. 4) The Defendant paid the Plaintiff KRW 36,000,000 in total,00,000,000 as the construction cost of the instant case on May 28, 2013, and on June 10, 2013. < Amended by Presidential Decree No. 23874, Jul. 5, 2013>

5) Upon completion of the instant housing construction, the Plaintiff delivered to the Defendant on August 31, 2013, on or around August 31, 2013. [Grounds for recognition] without dispute, and evidence Nos. 1 through 3 (including the number of branch numbers; hereinafter the same shall apply)

each entry, the purport of the whole pleading

B. According to the above facts of recognition, the Defendant is obligated to pay the Plaintiff the construction cost of KRW 10 million and the damages for delay.

On the other hand, the defendant first prepared an agreement (Evidence 2) that "the construction cost shall be calculated at KRW 36 million including the design cost of KRW 17,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000).