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(영문) 전주지방법원 2018.01.12 2016가단11181
공사대금
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1. The Defendant’s KRW 27,311,960 as well as the Plaintiff’s annual rate from August 22, 2015 to January 12, 2018, and from January 13, 2018.

Reasons

1. Basic facts

A. On May 19, 2014, the Plaintiff entered into a contract with the Defendant for the new construction of the instant land-based C detached Housing (hereinafter referred to as the “instant construction”) on the ground-based land-based land-based land-based land-based land-based land-based land (hereinafter referred to as “instant housing”) and the main content are as follows.

A: Defendant : Plaintiff

1. Display of a building to be constructed: C detached houses (attached Form to design drawings);

2. Period of construction: To begin on May 27, 2014 and complete delivery on August 30, 2014;

3. 10,00,000 won shall be paid at the time of commencement of the contract price and the terms and conditions of payment (80,000,000 won for the total construction work) and shall be paid at the rate of 10,000,000 won on June 10, 2014, and the remainder shall be paid after completion.

4. Machinery, labor, etc. shall be borne by them;

5. Free lease of a site shall be used after consent of A;

6. A shall bear expenses incurred in the course of a construction project for the modification of design or materials.

7. Liability for warranty against defects: He/she shall fulfill the responsibility prescribed by Acts and subordinate statutes;

8. A request for repair of defects shall be borne by it; and

9. The period for repairing defects or claiming damages should be within one year after the completion of the building.

B. On June 2015, the Plaintiff commenced the construction work and completed the construction work for the first patrol officer on August 2015, and on August 21, 2015, the approval for the use of the instant housing was granted.

[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination as to the cause of claim

A. The fact that the Defendant paid the Plaintiff KRW 45 million out of the construction cost of KRW 80 million, and the fact that the Defendant agreed to deduct KRW 1.5 million from the construction cost that the Plaintiff agreed to pay the Plaintiff is not a dispute between the parties, and the Plaintiff is obliged to deduct KRW 500,000,000 from the construction cost.

Therefore, the Defendant is obliged to pay the Plaintiff KRW 3,000,000 as the construction cost.

B. Determination 1 on the claim for additional construction cost: 10,556.

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