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(영문) 서울동부지방법원 2018.06.26 2017가단118323

공사대금

Text

1. The Defendant’s KRW 44,170,00 for the Plaintiff and KRW 6% per annum from July 24, 2014 to June 23, 2017.

Reasons

1. Determination as to the cause of claim

(a)The following facts of recognition may be found either in dispute between the parties or in addition to the statements set forth in Gap evidence 1 to 7, and 10 (including paper numbers), and the testimony of the witness C, the whole purport of the pleadings:

(1) The Plaintiff (formerly named D Co., Ltd.) is a company mainly engaged in interior building business, interior interior design business, etc., and the Defendant was operated on April 28, 2014 by opening Cheongdam branch, which is a specialized store for skin management.

(2) The Plaintiff concluded a construction contract orally with the Defendant by setting the construction cost of KRW 209,620,000 (Additional Tax separately), and began the interior work from April 7, 2014 (hereinafter “instant construction work”).

(3) The Plaintiff, while the construction is in progress, performed A/S construction works and additional construction works at the Defendant’s request on July 23, 2014, calculated the additional construction cost as KRW 14,817,00 (including value-added tax), but the final construction cost was determined as KRW 24,172,50 by reducing KRW 1,226,50 (including value-added tax) out of the cover of the covering construction cost.

(4) On April 10, 2014, the Defendant paid KRW 80,000,000 to the Plaintiff respectively, and KRW 80,000,000 on April 30, 2014.

B. According to the above facts of determination, the Defendant is obligated to pay 44,172,50 won for the interior work payment (=244,172,500 won - 200,000 won), which is the Plaintiff’s claim, and 44,170,000 won, which is the day following the completion of construction, from July 24, 2014 to June 23, 2017, the delivery date of a copy of the complaint of this case, to pay 6% per annum as prescribed by the Commercial Act, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, which is the day following the day of completion of construction, to the day of complete payment.

2. Judgment on the defendant's assertion

A. At the time of concluding the instant construction contract, the Defendant agreed to complete all of the construction works with the Plaintiff and the construction cost of KRW 200 million (including surtax), and the parts asserted by the Plaintiff as additional construction works are already the first time.