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(영문) 전주지방법원 2017.05.31 2014가단46084

공사대금 잔금

Text

The Defendant’s KRW 15,279,526 as well as the Plaintiff’s annual rate from January 15, 2015 to May 31, 2017, and the following.

Reasons

1. Facts of recognition;

A. Around April 2014, the Defendant: (a) concluded a contract with the Plaintiff for a total of KRW 15,500,000 for the main construction cost; (b) KRW 21,408,680 for additional construction cost; and (c) KRW 13,00,00 for additional construction cost; (d) KRW 14,198,00 for additional construction cost; and (e) KRW 14,606,680 for additional construction cost; and (e) KRW 14,198,00 for additional construction cost; and (e) KRW 14,600 for additional construction cost; and (e) KRW 14,606,680 for additional construction cost.00 for additional construction cost

(hereinafter referred to as the “instant facility”). B. The instant facility works for the First and Second Buildings

The Plaintiff commenced construction on April 9, 2014, and performed a considerable portion of the entire facility works of the instant building No. 1 and the facility works of the instant building No. 2 by October 18, 2014. The Defendant requested another company to implement the remainder of the facility works of the instant building No. 2.

C. However, the Defendant paid only the construction cost of KRW 5 million on May 2, 2014, KRW 5 million, KRW 5 million on July 18, 2014, and KRW 15 million on September 5, 2014.

[Ground for recognition] The facts without dispute (the defendant alleged that the amount of the construction work of the facility of this case was led to confession on the first date for pleading, which is against the truth, and that it is revoked due to mistake, but it is not sufficient to recognize it by itself, and there is no other evidence to acknowledge it. Furthermore, considering the fact that the appropriate construction work of the facility of this case is up to 38,147,000 won, it is not acceptable), Gap 1, 2, and 4 evidence (including a serial number; hereinafter the same shall apply), the result of appraiser E appraiser E’s appraisal of the construction work, the purport of the whole pleadings.

2. On the ground that the Plaintiff completed the instant facility project, the Plaintiff filed a claim for payment of KRW 20,606,680,000, which was already paid, to the Defendant, after deducting KRW 15 million from the construction cost of KRW 35,606,680.

As to this, the defendant shall raise an objection.